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TAMPA CITY COUNCIL

Thursday, November 3, 2011

9:00 a.m. session



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09:04:21 >>CHARLIE MIRANDA: City Council is called to order.

09:04:22 The chair yields to Mary Mulhern for the invocation part of

09:04:25 the ceremony.

09:04:27 >>MARY MULHERN: Good morning.

09:04:29 Good morning.

09:04:32 We have the distinct pleasure of welcoming back our chair,

09:04:36 Charlie Miranda this morning.

09:04:37 [ Applause ]

09:04:39 That's why he's planted a garden in front.

09:04:48 >> I thought it was my funeral.

09:04:50 [ Laughter ]

09:04:51 >>MARY MULHERN: No, we are so glad to have him back.

09:04:58 And we also have the honor of having our former chair,


09:05:01 Reverend Scott, Councilman Thomas Scott, chairman Thomas

09:05:05 Scott, to present our invocation this morning. So please

09:05:08 stand and remain standing for the pledge of allegiance.

09:05:13 >>THOMAS SCOTT: Good morning.

09:05:15 It is my pleasure to be able to come and do the invocation

09:05:18 this morning.

09:05:19 Also let me say welcome back to Chairman Miranda as well.

09:05:22 And we certainly are thankful and blessed as well.

09:05:26 So it's my pleasure to offer the invocation.

09:05:29 Shall we pray?

09:05:32 We are always reminded of what your word tells us and that

09:05:34 is to acknowledge you in all of our ways and you will give

09:05:37 direction to our steps.

09:05:39 Today, we thank you for this day and the blessings of this

09:05:43 day.

09:05:45 We thank you for this great country, United States of

09:05:48 America.

09:05:49 Thank you for what she stands for.

09:05:51 Thank you that she believes in justice and equality for all

09:05:54 of its citizens.

09:05:56 We pray now you continue to bless our country, bless our

09:05:58 nation and those that lead our nation in Washington, D.C.

09:06:02 Not only there but we pray for our men and women who are

09:06:06 fighting for democracy around the world.

09:06:08 Those who preserve and protect us, those who protect us here




09:06:12 locally.

09:06:15 Firemen, policemen, sheriffs, those who live in this

09:06:19 community from day to day, who go against those, who go

09:06:22 against the odds, go against those things that are so

09:06:24 prevalent in our community that seek to do harm to many of

09:06:29 our citizens.

09:06:30 So we ask your blessings upon them.

09:06:32 Then we pray today for this City Council who have been

09:06:36 elected to serve this community, to serve with distinction

09:06:40 and honor.

09:06:40 We pray that you will give them courage, give them wisdom,

09:06:45 give them knowledge as they deliberate over tough issues in

09:06:49 today's time and economy.

09:06:50 Bless them today, endow them with wisdom to make good

09:06:57 decisions.

09:06:58 Thank you for this community, as we continue to grow.

09:07:00 Thank you for our mayor.

09:07:01 Continue to bless him today.

09:07:04 We pray in your name we pray.

09:07:08 Amen.

09:07:09 [ Pledge of Allegiance ]

09:07:26 >>CHARLIE MIRANDA: Roll call.

09:07:32 >>MIKE SUAREZ: Here.

09:07:34 >>YVONNE CAPIN: Present.

09:07:35 >> Here.




09:07:36 >>MARY MULHERN: Here.

09:07:38 >> Here.

09:07:39 >>LISA MONTELIONE: Here.

09:07:40 >>CHARLIE MIRANDA: Here.

09:07:43 At this time we go to the honorable Lisa Montelione for a

09:07:47 special presentation.

09:08:10 >>LISA MONTELIONE: If I may have you join me up here.

09:08:24 Please welcome members of the Tampa Bay Lightning

09:08:26 organization who have graciously accepted our invitation to

09:08:29 be here this morning for this con em indication

09:08:33 presentation.

09:08:34 We have owner, chairman and governor Jeff Vinik, Tod

09:08:40 Leiweke, COO Steve Griggs, and general manager and all star

09:08:48 player, Steve Yzerman.

09:08:52 I haven't been this nervous since SOCOM and the admiral was

09:08:58 here.

09:08:58 While the executive team is here with us, head coach Steve

09:09:01 Boucher as the team is getting ready tomorrow for the

09:09:10 Blackhawks, 7:30 tomorrow night here in downtown Tampa and I

09:09:14 hear there are still tickets available.

09:09:16 We are here today to thank the team for remarkable successes

09:09:22 on and off the ice which began with a vision and continued

09:09:24 with assembling the team.

09:09:27 I could be speaking of general manager Steve Yzerman, the

09:09:31 longest serving team captain in U.S. sports history, two




09:09:34 decades with the Detroit red wings, known for leading by his

09:09:37 actions, not words.

09:09:39 Mr. Yzerman is named as a nominee for the NHL's GM of the

09:09:50 year.

09:09:51 A new story published just after his purchase of the team,

09:09:55 players, league and team personnel said with the lightning

09:09:59 advancing to the eastern conference finals and rookie season

09:10:04 as an owner his talent among sports executives may be a sign

09:10:10 of his shrewd ability.

09:10:12 He convinced him to leave the Seattle Seahawks where he was

09:10:16 named CEO of the year by the Puget Sound Business Journal

09:10:19 and CEO of the year by Seattle sports commission.

09:10:22 During his tenure, Qwest Field was named by the sporting

09:10:26 news as the loudest venue in the NFL.

09:10:30 The team went on to advance to the team's first Super Bowl.

09:10:34 The they are also winners of the sports fans quality award

09:10:37 as friendliest team.

09:10:41 Martha Fuller also traded in Seattle for Tampa.

09:10:44 I don't blame you, March.

09:10:46 That weather is a lot better here.

09:10:48 And responsible for financial oversight and operation.

09:10:51 Her oversight is building information, information

09:10:53 technology, resources and legal departments while working as

09:10:56 a member of the management team of the Tampa Bay Lightning

09:10:58 and the St. Pete Times Forum is what keeps the team and the




09:11:03 arena running literally.

09:11:04 And I predict she has new signage in fabrication.

09:11:10 In Seattle Ms. Fuller spent considerable time managing

09:11:13 philanthropic activity, and charitable investments which

09:11:16 comes in handy here considering the wonderful work that the

09:11:19 lightning foundation has done for its citizens of Tampa.

09:11:23 Then she called upon the NBA to give up some of their talent

09:11:28 bringing Steve Griggs to Tampa.

09:11:30 Dent have to come clear across the country since he was

09:11:33 executive vice-president for the Orlando magic.

09:11:37 While I understand he is responsible for 75 sellouts.

09:11:45 In choosing the ranking of second in a field of 123 sports

09:11:49 franchises in the ESPN ultimate standings, I think

09:11:52 Mr. Griggs is the reason I park at TIA as well because I

09:11:56 hear that you get a chance to win four free tickets and

09:11:59 there's one lucky winner every day.

09:12:01 It is no surprise that with this winning team the lightning

09:12:04 has launched several major initiatives, and two of the

09:12:07 highlights.

09:12:09 Investing in our downtown by spending $40 million on an

09:12:13 arena he does not own, to update the forum where every seat

09:12:17 in the house is super comfy and the sound system is awesome.

09:12:21 And upgrade of the team's investment in our community by

09:12:24 granting the community hero award at every game, along with

09:12:28 a $50,000 donation to the charitable cause of that hero.




09:12:33 I'm sure we all remember when the idea of bringing hockey

09:12:37 team to Tampa Bay area was met with a lot of skepticism.

09:12:40 I believe we can all say that after two decades, a Stanley

09:12:43 Cup, multiple playoffs, and millions of fans later, we have

09:12:48 players we love not only for their performance, on the ice,

09:12:51 but because they are great role models.

09:12:54 Please congratulate Marty for the memorial trophy, a

09:12:59 fantastic management team who are all dedicated not only to

09:13:02 their team but to our city, and most of all for an owner who

09:13:06 believes in our city, who has dedication, perseverance and

09:13:10 vision.

09:13:14 [ Applause ]

09:13:16 On behalf of Tampa City Council -- I'm using that Tampa Bay

09:13:27 language again -- we present this to the Tampa Bay

09:13:30 Lightning.

09:13:32 The Tampa City Council recognizes your outstanding

09:13:34 contributions to the community, your performance during the

09:13:38 2010-2011 regular season and the playoffs, as well as the

09:13:41 tremendous investment and positive impact your organization

09:13:44 has brought to the City of Tampa on this Thursday, November

09:13:48 3rd, 2011 ifs with great pleasure that the Tampa City

09:13:51 Council presents to you this commendation honoring your

09:13:54 leadership and accomplishments on and off the ice.

09:13:56 >> Thank you, Lisa.

09:14:11 Thanks to all the City Council members here today.




09:14:15 I got one standing ovation, one rousing standing ovation

09:14:19 since I bought the team.

09:14:20 That was literally, I think, March 3rd, 2010, the day

09:14:25 when I purchased it and that was the day that I announced

09:14:28 that, you know, I'm hopefully a decent businessman but I

09:14:32 don't know how to run a sports team and don't know how to

09:14:35 pick players and I am going to do my best to hire the best

09:14:38 people to run the organization.

09:14:39 So I'm very proud of what our organization has accomplished

09:14:42 over the last two years.

09:14:44 I believe it's just the beginning, and bigger and better

09:14:48 things lie ahead but I have so much to thank for all the

09:14:51 people behind me here who have instituted my vision of being

09:14:53 world class, and I have so much to thank for the people of

09:14:57 Tampa as well as the Tampa Bay area, the support here among

09:15:01 people I meet day to day, the friendliness, how much they

09:15:05 welcomed me and our team in the community, the fans have

09:15:08 been just terrific here.

09:15:10 I have nothing to do but thank everybody, and thank you guys

09:15:13 again for being here.

09:15:16 I also want to thank that when we came here, 125, 150 full

09:15:21 time people in the lightning organization, many part-time

09:15:24 people, those guys are the reason why we have been able to

09:15:28 get this thing going in a successful direction.

09:15:30 Their hard work, their dedication through ups and downs over




09:15:34 the years, their determination has really put us in this

09:15:37 position where we can achieve the lofty goals we set for

09:15:41 ourselves.

09:15:42 As Lisa talked about on the hockey side, Steve Yzerman has

09:15:50 done a wonderful job, going to the Stanley Cup eastern

09:15:53 conference finals, one game away from the overall finals,

09:15:56 but also putting in place the people to give us long-term

09:16:00 success.

09:16:01 And our goal on the hockey side is to be able to compete at

09:16:04 the highest level year after year to hopefully make the

09:16:07 playoffs year after year and be in a position to compete for

09:16:11 the cup year after year, and of course also to bring back

09:16:13 the Stanley Cup to the Tampa Bay area as soon as possible.

09:16:18 On the business side under the direction of Tod Leiweke, we

09:16:26 talked about the tremendous people he brought into the

09:16:28 organization, just like these, and we are striving to be

09:16:31 world class in everything we do.

09:16:33 We think that means having great customer service, having a

09:16:36 great facility, not only for our hockey fans but also for

09:16:40 our other patrons who come to our 150 events a year, whether

09:16:45 that's concerts, or all the other events we have, storm

09:16:50 football, et cetera.

09:16:51 We want to have a great facility and treat people in a first

09:16:54 class manner there.

09:16:56 One of the things that I strongly believe -- I'm in the




09:17:01 investment world, and back at home in Boston -- by the way,

09:17:05 home will be South Tampa as -- can't wait for that --

09:17:11 [ Applause ]

09:17:12 And, by the way, everyone behind me here has made this area

09:17:16 their home, also, and we are very proud of that fact.

09:17:19 As I said, I can't wait to move down here.

09:17:22 Low profile back in Boston as my investment partnership, the

09:17:27 company I run which, by the way, continues, but here having

09:17:31 the visibility of being the lightning owner allows my wife

09:17:33 and my family and myself as well as the whole lightning

09:17:36 organization the opportunity to really make an impact in the

09:17:39 community, and when I met Tod back at the Olympics in 2010,

09:17:45 that was one of the first things, it was about community,

09:17:49 and how much he had done in Seattle and the impact we wanted

09:17:52 to have in the Tampa Bay area, and it's just a pleasure to

09:17:54 be able to do our best to hopefully make a difference here

09:17:58 and help people and inspire others to give.

09:18:01 It's one of the true pleasures of the job.

09:18:05 So I'm delighted to be here.

09:18:07 The last two months with the team everybody the most fun

09:18:10 thing I have ever done in my life, and as much fun as

09:18:13 anything as meeting people in this area.

09:18:15 Such a nice welcoming area.

09:18:17 Our family, the individuals behind me, our whole team has

09:18:21 been welcomed here, and it's just a pleasure to be here.




09:18:25 So I thank everybody in this room and the whole region and

09:18:28 our fans for this honor today.

09:18:31 It's very much appreciated by all of us.

09:18:34 [ Applause ]

09:18:35 >>CHARLIE MIRANDA: Next, I need a motion for the approval of

09:19:05 the agenda.

09:19:05 >> So moved.

09:19:07 >>CHARLIE MIRANDA: Motion by Mr. Reddick, seconded by Mrs.

09:19:10 Mulhern.

09:19:11 All in favor?

09:19:11 Opposed?

09:19:12 The Ayes have it unanimously.

09:19:14 Next is public comments for 30 minutes on the agenda.

09:19:17 And preference is given to those who want to speak on items

09:19:20 on the agenda itself that are not set for public hearing,

09:19:24 that are not set for public hearing.

09:19:26 If you want to speak on an item that's on the agenda, those

09:19:29 have preference first.

09:19:30 And then we go to the general audience.

09:19:33 Yes, sir.

09:19:34 >> I'm Ed Tillou.

09:19:38 Okay, the first agenda item is 6, which I very much approve

09:19:44 of.

09:19:45 I distributed some materials here about contagion on which

09:19:50 people should try to get to see.




09:19:52 I think it's in most of the theaters but it might be at

09:19:56 citrus park regal.

09:19:57 Warner brothers has lost about $20 million on that trying to

09:20:00 get a message out as to what you can expect down the road.

09:20:05 And people be looking to government.

09:20:08 Government will be there.

09:20:10 It's important to realize in 1918, 1919, it was the end of

09:20:16 World War I so you had lots of soldiers around.

09:20:19 Contagion doesn't really tell how bad it is, and maybe

09:20:22 that's an argument for universal service.

09:20:27 Okay, item 8, that's purchasing of fuel.

09:20:33 There's something that needs to be done here.

09:20:35 When vehicles are purchased to get fuel efficient vehicles

09:20:40 and stop this turning of gasoline and in that case kerosene

09:20:45 into carbon dioxide, because I have something to hand

09:20:50 around.

09:20:50 I doubt all of you will understand this.

09:20:53 But one of the reasons that global warming has been about a

09:20:57 half a degree or a degree over the past decade rather than

09:21:01 the degree or two believed is because Gulf stream is

09:21:06 absorbing this.

09:21:07 So we are in a crisis situation about the possibility for

09:21:12 flipping.

09:21:13 Okay, what I mostly came about was this item.

09:21:18 Red light cameras, because --




09:21:23 >>CHARLIE MIRANDA: I'm sorry, that's not on the agenda.

09:21:24 >> Well, okay but --

09:21:27 >>CHARLIE MIRANDA: Don't try to trick us.

09:21:28 >> Okay.

09:21:29 Well, a lot of people -- this really should be addressed.

09:21:35 But you know I come to most of these meetings.

09:21:37 Okay.

09:21:37 Fertilizer.

09:21:38 I didn't realize fertilizer, people were here to speak about

09:21:41 fertilizer.

09:21:42 And something does need to be done.

09:21:45 If you go down to Linebaugh, Nebraska, you see that.

09:21:48 I thought the city was doing something, because I saw a lot

09:21:52 of work being done about three or four weeks ago.

09:21:55 But I think they were only cleaning out a pipe.

09:21:58 The point is that it does not percolate, it's clogged with

09:22:06 algae from the fertilizer runoff so something needs to be

09:22:08 done on that but it's very important the right thing be

09:22:11 done, and that slow release fertilizers be exempted from

09:22:15 that because that bears very heavily on all the crops that

09:22:19 are raised in the midwest and generate a dead zone out in

09:22:23 the G Gulf of Mexico, because slow release fertilizers are

09:22:27 very hard to get.

09:22:32 In the long run they are supposed to be economic.

09:22:37 >>CHARLIE MIRANDA: Thank you very much.




09:22:38 There's two sides to this hall.

09:22:39 We'll go to the right side, which is your left, and then

09:22:42 we'll go to the left side, which is your right.

09:22:46 Yes, sir.

09:22:46 >> Good morning.

09:22:50 Phil Compton, 1430 park circle.

09:22:52 Welcome back, Chairman Miranda.

09:22:54 We thank you for your vote four months ago to pass a

09:22:57 fertilizer ordinance that will clean up our rivers and our

09:23:00 bay, because when it rains in Tampa, it pours in Tampa, and

09:23:05 this is often the result -- you got this picture in your

09:23:09 packets.

09:23:11 Typical day in South Tampa paddling down the river.

09:23:14 Rain water washes off our urban landscape, traveling

09:23:19 directly to our Hillsborough River and Tampa Bay.

09:23:22 It does not matter who applies fertilizer before a summer

09:23:25 storm.

09:23:26 The application applicator or the homeowner.

09:23:28 It will be washed off in our downpours, and the result is

09:23:32 simply that we have the type of algae that has become an

09:23:39 annual thing in places like Sulphur Springs, and of course

09:23:42 in Tampa Bay, which turned quite read this past year.

09:23:48 We implore you as you reconsider this, this morning, to

09:23:52 retain the very backbone of the ordinance that you adopted

09:23:54 in June.




09:23:56 The rainy season, of nitrous fertilizer application.

09:24:03 All eyes are going to be on our bay and our rivers as the

09:24:05 Republican national convention comes to town next year.

09:24:08 This is what the bay looks like at this time this year, when

09:24:11 the convention will be here.

09:24:13 Let's make sure it doesn't happen again.

09:24:15 Let's do what we can and let's keep that restriction.

09:24:18 Thank you very much.

09:24:19 >>CHARLIE MIRANDA: Thank you very much.

09:24:20 Next, please.

09:24:20 >> Good morning.

09:24:24 My name is Dena Levengood, Westchase Avenue in Tampa, and

09:24:29 welcome back, Chairman Miranda.

09:24:32 I want to thank you very much for the opportunity and to

09:24:34 thank you for voting the way you did in June to support very

09:24:38 strong ordinance, and adopting a strict ordinance with no

09:24:44 exemptions.

09:24:45 We want to celebrate 20 years this year of the Tampa Bay

09:24:48 estuary program that has really resulted in a much, much

09:24:52 cleaner Tampa Bay for all of us.

09:24:54 And it was a result of a number of different things, but one

09:24:57 of the most important contributors to that was the nitrogen

09:25:00 management consortium.

09:25:03 40 large industries that partnered with government to reduce

09:25:06 voluntarily the nitrogen load in the bay, and it's decreased




09:25:11 from 10,000 times to now 4500 times.

09:25:15 67% of the remaining 4500-tons are contributed by stormwater

09:25:21 runoff.

09:25:23 And it doesn't matter whether it's applied by the homeowner

09:25:26 or by the professional.

09:25:28 That's going to continue to contribute to the bay not being

09:25:32 able to be as clean and as beautiful as it could be.

09:25:36 And, of course, it affects our rivers that feed into the bay

09:25:40 as all of our stormwater runoff areas.

09:25:43 I know change is hard.

09:25:44 And for small businesses, considered to be an impediment,

09:25:46 these are good businesses that are asking for us to do an

09:25:53 evaluation of what the impacts will be.

09:25:55 But I think that there are models that you can look at

09:25:58 around the state including our neighbor across the bay in

09:26:01 Pinellas County.

09:26:03 It is found if you do a reasonable transition period with

09:26:06 training, then in fact the companies that have made the

09:26:09 transition and are now applying the appropriate applicants

09:26:13 to the grounds for fertilizer, are finding great financial

09:26:18 success.

09:26:19 It will improve the bay and the river.

09:26:22 It will be good for the environment.

09:26:24 It's good for business.

09:26:25 It will create jobs.




09:26:27 You are going to have new manufacturing in Florida to create

09:26:30 the new product, as well as R&D, and you are going to have

09:26:36 people who are going to be educating the consumer as well

09:26:39 about the new products that are available.

09:26:41 I think it is a wonderful opportunity, and I urge you

09:26:45 strongly to please continue to support the strictest

09:26:50 possible ordinance, and to not allow for any exemption.

09:26:54 Thank you very much.

09:26:59 >>CHARLIE MIRANDA: Thank you.

09:27:00 Next, please.

09:27:01 >> Good morning.

09:27:04 Cris Costello, regional representative of the Sierra Club.

09:27:06 I coordinate the nutrient campaign around the state.

09:27:11 I live in Sarasota.

09:27:12 I have spoken to you before.

09:27:13 I just wanted to briefly remind you with a little packet of

09:27:17 all of the strong ordinances that contain four months rainy

09:27:21 season bands without a commercial exemption.

09:27:24 I provided you with that list, including those that have

09:27:27 been passed this year around the same time you passed yours.

09:27:32 It also includes a fairly striking photo.

09:27:38 Believe it or not, this is a lake.

09:27:41 It is algae covered.

09:27:43 It is a lake in stoney brook, Orlando in Orange County.

09:27:47 The only ordinance in the state that has a four-month rainy




09:27:51 season ban and a commercial exemption for nitrogen

09:27:56 application during the summer, is in Orange County.

09:27:58 Orange County has not had any luck in enforcement and has

09:28:06 not seen the strides in reduction like Sarasota County and

09:28:09 Lee County has.

09:28:10 Please stand by your original decision and hold strong on a

09:28:13 strict ordinance.

09:28:14 Thank you very much.

09:28:15 >>CHARLIE MIRANDA: Thank you, ma'am.

09:28:18 Next, please.

09:28:19 >> Linda Saul-Sena, 157 advice contain.

09:28:23 It great to see you all this morning.

09:28:25 Briefly, you did an excellent job four months ago when you

09:28:28 passed the original ordinance.

09:28:32 The red algae bloom we had this summer shows that we have

09:28:35 not completely addressed the problem.

09:28:37 So we need to stay strong and eventually the excess of

09:28:42 nitrogen that's there will dissipate if you keep a very

09:28:46 strong and strict ordinance.

09:28:47 So thank you for your previous vote, and please reiterate

09:28:50 that today.

09:28:51 Thank you very much.

09:28:53 >>CHARLIE MIRANDA: Thank you.

09:28:54 Next, please.

09:28:55 >> My name is Tom Krumreich here representing Florida




09:29:03 consumer action network and we strongly endorse the strong

09:29:06 fertilizer ordinance.

09:29:09 The concerns by the industry of job losses, economic impact

09:29:14 have not proven to be the case in areas where strong

09:29:18 ordinances have been established.

09:29:21 And the idea of allowing an exemption for the professionals

09:29:30 doesn't have the magic pow towers change things.

09:29:32 The laws of physics, it will still wash off.

09:29:35 Whether the homeowner applies it or a professional.

09:29:37 So that's the real issue.

09:29:39 So we do support a strong fertilizer ordinance.

09:29:45 Also, I gave to the lawyer a statement from FCAN about

09:29:49 supporting Occupy Tampa.

09:29:51 And also a coalition organized now and majority also are

09:30:01 supporting, and believe that the city should provide not

09:30:04 only stop harassing the city police harassing them, but also

09:30:11 to supply them, you know, with port-a-potties, with

09:30:16 electricity and to really be a role model for the nation,

09:30:19 you know, show that we are better than other cities,

09:30:26 attacking and provoking and that sort of thing.

09:30:28 So thank you very much.

09:30:30 >>CHARLIE MIRANDA: Thank you.

09:30:30 Next, please.

09:30:30 >> Good morning, Mr. Chairman, welcome back.

09:30:44 Ladies and gentlemen of council, Al Steenson, west LEILA




09:30:49 Avenue, Tampa, Florida, as usual down here representing

09:30:52 Gandy sun bay south civic association.

09:30:54 I'm here to talk about item number 58 on the agenda today,

09:30:56 which is the Manhattan bus site.

09:31:01 I applaud the folks in Port Tampa for bringing this,

09:31:05 bringing attention to this, and to you all for putting it on

09:31:08 the agenda.

09:31:10 Unfortunately, I can't stay until they give their staff

09:31:14 report but I would certainly respectfully request that our

09:31:20 neighborhood, in terms of enforcement and signage and

09:31:24 strengthening the enforcement of the code in terms of the

09:31:33 solid waste and things like that, that we be included in

09:31:38 that.

09:31:39 I'll give an example.

09:31:40 Monday night, my wife and I were out in the driveway doing

09:31:43 trick or treaters.

09:31:45 A dump truck ran up my street to the point that the front

09:31:52 wheels were almost off the ground.

09:31:54 Not very long later the truck was in the neighborhood

09:31:57 absolutely empty.

09:31:58 Now, I haven't had the opportunity to scour the neighborhood

09:32:02 but I guarantee you that pile of tree trimmings and leaves

09:32:07 and branches and things like that is somewhere down here,

09:32:09 next to Port Tampa.

09:32:11 Our association has probably the most vacant land, and this




09:32:16 is where these people are going start dumping because they

09:32:18 cannot go to the brush site at Manhattan anymore, MacKay Bay

09:32:23 is completely out of the way, it's a hassle to go out to

09:32:29 MacKay Bay.

09:32:30 I'll give you a quick example.

09:32:32 One of my members sent me an e-mail that I meant to copy and

09:32:35 bring tout.

09:32:36 He and his son went out to trim trees and the next day was

09:32:42 not feeling well so he sent his son out there with his dad's

09:32:45 water bill, and he was turned away.

09:32:48 Because his driver's license didn't match the water bill.

09:32:53 He ended up having to call his dad.

09:32:55 His dad drove to MacKay Bay and he was admitted and allowed

09:32:59 to dump.

09:33:00 Now all I'm asking for is solid waste can help us in this

09:33:07 regard, I don't think we are going to get the brush site

09:33:11 reopened, but we would strongly urge that enforcement be

09:33:18 increased, and God knows I know the city is in tough times,

09:33:23 but we need to give code enforcement people more resources,

09:33:27 more assets because we got to clean this city up.

09:33:29 We want to hang a sign up saying we are open for business,

09:33:33 we need to clean up our house first.

09:33:35 Thank you very much.

09:33:35 >> Thank you, sir.

09:33:37 Next, please.




09:33:37 >> Good morning.

09:33:43 I'm Holly Greening, Executive Director of the Tampa Bay

09:33:46 estuary program.

09:33:47 And I would like to thank you for passing a strong

09:33:50 fertilizer ordinance to help protect and restore your waters

09:33:55 and the waters of Tampa Bay.

09:33:57 I just want to let you know that Anetta harra and I will be

09:34:07 here with our staff so if you have any questions to ask us.

09:34:10 Thank you.

09:34:11 >>CHARLIE MIRANDA: Next, please.

09:34:12 >> Good morning.

09:34:13 My name is Frankie Masano.

09:34:17 I have been a resident of the Channel District for seven

09:34:19 years.

09:34:20 A year of no ago I opened a business called yoga downtown

09:34:24 Tampa.

09:34:24 I presented free yoga classes on Sunday in association with

09:34:29 the downtown partnership and I get to about 100 people

09:34:32 practicing.

09:34:33 I am very serious about my passion about providing wonderful

09:34:37 things and seeing downtown be a wonderful place, received an

09:34:42 excellence award last year.

09:34:43 The subject of the occupy people is very much upset me.

09:34:47 The homeless situation, I really don't understand how this

09:34:53 is being allowed to continue, people I have made an effort




09:34:59 to go over to understand what they are standing up for, what

09:35:02 they are all about, speak to some of the people there, and I

09:35:05 have not found anything positive about it.

09:35:09 My class on Sunday was disrupted a couple of times by

09:35:12 people, and I gently asked them please do not disrupt my

09:35:17 class, we are just here to practice yoga.

09:35:19 Someone directed me to the Occupy Tampa dot ORG forum and I

09:35:26 found a lot of things there very upsetting about what they

09:35:29 are asking.

09:35:30 They are asking to completely change our system.

09:35:34 They are asking to have a change in human nature.

09:35:40 There will be homelessness.

09:35:42 And I can understand we try to do our best.

09:35:45 But it will exist.

09:35:46 But I am a business owner.

09:35:48 I was laid off quite a few years ago from my architecture

09:35:51 position.

09:35:52 This business means everything to me.

09:35:54 It's kept me out of foreclosure, it's saved my life.

09:35:57 But I have homeless people walking in on me, and I know the

09:36:00 occupy people are very supportive of the homeless.

09:36:05 I try to teach my class, and I have people coming around, to

09:36:10 allow them to set up tents, to allow them to sleep on the

09:36:13 streets, to make statements that do not represent 99% of the

09:36:16 people.




09:36:18 I am offended, and I did my research.

09:36:21 I'm not saying this out of political opinion.

09:36:24 If they represented me I would be standing here in support.

09:36:26 They don't represent me.

09:36:27 And I really urge you to look on their forum.

09:36:30 There is an image there.

09:36:34 There's a woman Occupy Tampa women group and the original

09:36:37 image they had up was a silhouette of a woman with an

09:36:40 automatic weapon on her back.

09:36:42 And when I came back I looked at it again because I wanted

09:36:46 to bring the picture here.

09:36:47 Two people had posted comments saying, what are you doing

09:36:50 with your imagery?

09:36:52 Why does someone have an automatic weapon there?

09:36:55 And some of the comments, I not what everyone thinks it is.

09:36:59 Everyone is looking at a few statements.

09:37:01 I just urge you to be informed about what's going on.

09:37:05 And I really would like to see them, as does everyone else,

09:37:11 have to obey the ordinances of not sleeping in the streets,

09:37:14 keeping things clean.

09:37:15 I just want to do so much for downtown.

09:37:17 And I'm just afraid that this is not an effective way to

09:37:20 make change.

09:37:21 Personally, if you want to talk to me, you want to see

09:37:24 someone who has made a change, it has been me.




09:37:26 I work very hard to make a change and to have something

09:37:30 downtown.

09:37:31 And it really gets me very upset that I have to deal with

09:37:34 this.

09:37:35 Because if people do not want to come downtown, I am one of

09:37:39 the very few businesses other than bars and restaurants, and

09:37:44 if people don't come to my business, I will lose my home, I

09:37:47 will lose my business.

09:37:49 And the city will have lost an opportunity.

09:37:52 I won't be giving the class at the park.

09:37:54 People come to me all the time and say, you know, you give

09:37:59 that free class in the park where I come to your studio, and

09:38:02 you make me feel better again, you make me smile.

09:38:05 So I am just letting you know.

09:38:08 I really urge you to think about letting everyone occupy our

09:38:14 city park, because I feel like it's a violation on my rights

09:38:18 that they are there.

09:38:19 Thank you.

09:38:20 >>CHARLIE MIRANDA: Thank you.

09:38:21 Next, please.

09:38:22 >> My name is Jim shirk and I'm here to talk about the

09:38:30 fertilizer to encourage you to not give commercial exemption

09:38:33 on the fertilizer ordinance.

09:38:37 The nitrogen is frozen in the bay when -- flows into the bay

09:38:42 when it rains whether or not it's applied by a commercial




09:38:45 firm or individual home owner.

09:38:47 It costs a lot of money to remove nitrogen at the current

09:38:50 treatment plant.

09:38:51 And if you allow commercial interests to apply fertilizer

09:38:56 during the rainy season, that will just contravene all the

09:39:00 energy that's being put in and all the efforts being put in

09:39:02 at the current treatment plant, to remove nitrogen from the

09:39:05 estuary.

09:39:07 By the way, the estuary according to the Tampa Bay estuary

09:39:11 is nitrogen limited, not phosphorus limited so we need to

09:39:16 keep it tout prevent the algae.

09:39:17 Second item, I would like to reply in a sense to what the

09:39:21 previous speaker said.

09:39:22 These people in Occupy Tampa --

09:39:26 >>CHARLIE MIRANDA: I'm sorry, hold the time.

09:39:27 It was my mistake for letting her continue on the route that

09:39:31 she started.

09:39:32 I am not going to make the same mistake twice.

09:39:37 If it's on the agenda we'll speak on it.

09:39:39 If it's not, I won't.

09:39:40 >> Thank you very much.

09:39:41 I'll avoid that.

09:39:43 >>CHARLIE MIRANDA: We have about eight minutes.

09:39:44 So if you please, you can say it again but make it short.

09:39:49 Yes, ma'am.




09:39:49 >> I'll go quick.

09:39:51 Kathy Harrelson, live in St. Petersburg.

09:39:54 I'm the Florida organizer for Gulf restoration network and

09:39:58 also a sustainable business developer for the marketing

09:40:02 group.

09:40:02 You may have seen our new solar manufacturing initiative.

09:40:05 The reason I point that out is I want to say that practices

09:40:12 do go together with business.

09:40:14 I'm here about the fertilizer ordinance.

09:40:16 Thank you so much for the ordinance that you passed.

09:40:17 It's a strong ordinance.

09:40:19 It's the same thing we did in Pinellas.

09:40:21 The state model, which Orange County adopted, is weak, and

09:40:28 to emulate that ordinance, we think it's a mistake.

09:40:32 The ordinance you have is clear.

09:40:34 And it doesn't create two classes of people.

09:40:37 Those that have lawn service and those that do not.

09:40:39 We are all responsible for our water.

09:40:41 We all need to be accountable.

09:40:43 And I hope that you will keep your ordinance strong.

09:40:46 Thank you.

09:40:49 >>CHARLIE MIRANDA: Thank you again.

09:40:49 I apologize to the gentleman in the blue shirt and the lady

09:40:52 before, fertilizer and those people who came up to speak on

09:40:55 one thing and moved on to occupy Tampa.




09:41:03 Next, please.

09:41:03 >> Good morning, Mr. Chairman, council.

09:41:07 My name is Donny Rhode, 412 Madison street, they're speak on

09:41:12 item number 56, since I am short on time I am going read

09:41:16 which I usually don't do.

09:41:17 Although I am a member of one of the Occupy Tampa

09:41:20 demonstrators I speak only for me.

09:41:22 I have a few people's blessing.

09:41:25 In light of the fact that you have received or about to

09:41:28 receive a collaborative report from the police, parks and

09:41:32 legal departments, because that park will unavoidably cover

09:41:36 ongoing violations of Tampa's municipal ordinances.

09:41:42 I have this morning submitted for your consideration and

09:41:44 possibly your further development a handout, which I

09:41:49 provided one to legal as well, that proposes some amendments

09:41:53 to the city's code.

09:41:57 There are issues of speech, assembly, obstruction, placement

09:42:01 of property, sleeping or overnighting, public spaces, and

09:42:05 generally personal rights and public safety that are brought

09:42:08 into consideration here that have been considered by you

09:42:11 folks in the past and your predecessors on this council.

09:42:15 Because this council exercises jurisdiction over the

09:42:18 streets, sidewalks, thoroughfares and public places where

09:42:22 people have traditionally gathered to discuss the issues

09:42:27 that help formulate public policy and public opinion, this




09:42:32 chamber is the best place to address a bad, outdated,

09:42:37 improperly worded local law.

09:42:39 You can go to federal court.

09:42:41 You can go to circuit court.

09:42:43 I believe this is a better place.

09:42:48 Just to criticize does not necessarily mean to be helpful.

09:42:51 I feel comfortable still telling you that I think bound,

09:42:56 blindfolded and with a cork in each ear, our legal

09:43:00 department will be capable of coming up with better wording

09:43:02 than what we have on the books right now.

09:43:06 I only have a minute left but I'll just cover briefly,

09:43:10 obstruction of city sidewalks.

09:43:13 This is placing an item or thing on a sidewalk, or a street,

09:43:19 and being in violation of a law that can land you in jail

09:43:22 for 60 days.

09:43:24 Sleeping or camping in a park, which requires some more

09:43:30 delicate attention than just merely saying it's okay to

09:43:33 sleep or camp, assemblies, which means just being on a

09:43:39 sidewalk and obstructing it from free passage, where in the

09:43:43 statute, in your ordinance, there's no definition of what

09:43:46 free passage is or how it's obstructed.

09:43:50 For these reasons I would like you to consider taking your

09:43:53 time with this, developing an approach to dealing with

09:43:55 protests, and I would like to say the city funding of

09:44:02 protests that I am involved with I hope pass he on the same




09:44:08 day that hell freezes over.

09:44:10 Thank you.

09:44:19 >>CHARLIE MIRANDA: Next.

09:44:19 >> Good morning, City Council.

09:44:21 My name is Samuel Moses, Sr.

09:44:26 East on Heights Civic Association crime watch.

09:44:28 I would like to address item 60 on the agenda.

09:44:32 Sidewalks.

09:44:41 And the sidewalk at 41st street.

09:44:43 And that would be Chelsea, which is a very busy area.

09:44:46 Also, there's 40th Street

09:44:49 And then Mount Olive Church.

09:44:51 But this area here, from Chelsea, there's no sidewalks,

09:44:57 which is very much needed.

09:45:00 And the streets being used so frequently, Chelsea and

09:45:06 40th, and there's Williams school where the kids have to

09:45:09 walk, and there's speeding in that area so it's important to

09:45:16 get sidewalks.

09:45:19 I talked to Jan Washington about this and she helped me put

09:45:23 this on the agenda.

09:45:23 So I'm just pleading with the City Council that this pass.

09:45:28 Thank you very much, chairman.

09:45:30 >>CHARLIE MIRANDA: Thank you very much, sir.

09:45:31 Next.

09:45:31 >> Good morning, distinguished council members.




09:45:36 Mr. Honorable chairman, good to see you back, your presence,

09:45:40 and you have been missed so glad to see you back here today.

09:45:46 Pastor Essie Simms also represents the East Tampa

09:45:49 partnership.

09:45:50 I am the chairman of the association of 15 and I had the

09:45:56 opportunity to sit out in his association crime watch

09:45:59 meeting a couple of weeks ago to hear the concerns of the

09:46:01 community, and I took it upon myself to go out in the

09:46:04 community and survey it for myself, and I was out there on

09:46:08 41st, and at the time I was out there, lo and behold,

09:46:11 there were two cars come barreling down the road at a high

09:46:15 rate of speed.

09:46:15 I also saw children walking in those streets where they have

09:46:18 no place to walk other than in the street.

09:46:22 I implore City Council in this issue, item number 60 on the

09:46:25 agenda today, for the public works report.

09:46:29 I would hope that you would take into consideration that we

09:46:32 look to put sidewalks on 41st street sooner than later.

09:46:37 You are aware of some of the issues we had over in

09:46:39 Hillsborough where a young lady got killed recently.

09:46:42 God forbid we do not want to have that happen in our

09:46:46 neighborhood so we implore you to look at that condition

09:46:48 very carefully.

09:46:50 Thanks.

09:46:51 >>CHARLIE MIRANDA: Thank you.




09:46:52 Next, please.

09:47:03 >> This is a yearly occurrence, and he showed you the algae

09:47:11 bloom but didn't say what did it.

09:47:13 I'm sorry, in I name is Ed Ross, 7901 north Klondyke street,

09:47:18 Tampa, Florida 33604.

09:47:20 I apologize.

09:47:22 I just wanted to you see the title of the article that was

09:47:25 there and the image.

09:47:27 And these are yearly occurrences.

09:47:28 But what I am here to do is to speak favorably and very

09:47:34 strongly about the fertilizer ordinance.

09:47:36 We absolutely need it.

09:47:38 As a historical thing, I was here in the 60s when Tampa

09:47:41 Bay was having major problems, a lot more than it is now.

09:47:44 And what happened is that commercial fishing and use of the

09:47:48 bay really dried up.

09:47:52 And fortunately your predecessors passed a good ordinance

09:47:56 and got our water treatment plants, and things started to

09:47:59 clear up.

09:47:59 Now what we have, that was functional for a long period of

09:48:03 time but our population density has increased so much that

09:48:07 we need further ordinances in order to protect the bay and

09:48:10 the water.

09:48:11 And I'm going to speak personally.

09:48:13 I have experienced the algae blooms, taking people on trips




09:48:16 when I had business where I took people from around the

09:48:19 world, all over Tampa Bay, all over this area of Florida,

09:48:22 and I took one group out, and I didn't know there was an

09:48:25 algae bloom, and I can tell you not only does it look

09:48:28 terrible but it's very difficult to breathe in that.

09:48:31 And so at the last meeting there was a lot of stuff about

09:48:35 science so I thought I would quote a scientific American

09:48:37 article in 2006.

09:48:40 Imagine a beach crowded with vacationers enjoying the hot

09:48:44 summer sun as children paddle about in the shallows,

09:48:49 foraging for shells and other treasures, as dead and dying

09:48:53 animals begin to wash ashore.

09:48:54 First a few struggling fish, then masses of decaying crabs,

09:48:59 clams, mussels and fish.

09:49:01 Alerted by kids shocked cries, anxious parents rush to the

09:49:05 water to pull their children away.

09:49:07 Meanwhile, out on the horizon, commercial fishermen head to

09:49:11 port in boats empty with nets in holds.

09:49:16 This is a scene not from a great B movie.

09:49:19 Incidents of this type actually occur in many black sea

09:49:23 resorts in Rumania and Ukraine in the 80s.

09:49:28 It has taken them billions of dollars and all of this time

09:49:30 they still haven't recovered from that.

09:49:32 And what's going to happen, and this will be us, too.

09:49:36 Please pass and keep that ordinance.




09:49:41 >>CHARLIE MIRANDA: Thank you very much.

09:49:41 >> Good morning.

09:49:44 My name is Samantha -- student at USF.

09:49:49 I thank you all for hearing our concerns.

09:49:50 Unfortunately at this point in time, our concerns are both

09:49:53 urgently with all-out overblown effort by TPD to police us

09:49:58 out of existence.

09:49:59 As we marched this morning from Curtis Hixon there were six

09:50:02 officers glaring at us, observing our activities.

09:50:05 My question to you is why?

09:50:06 Why?

09:50:08 Surely special operations officers led by sergeant Fernandez

09:50:10 have more pressing matters.

09:50:12 Organized crime, rape, drugs, serious things to police than

09:50:16 protestors on the sidewalk.

09:50:21 To come around five times at night, at least three times on

09:50:25 average.

09:50:26 Canine units, helicopters, lieutenant Suwiski have other

09:50:33 items like fake IDs, shoes, signs and backpacks.

09:50:39 Surely American citizens peacefully protesting exercising

09:50:43 their rates to free speech and assembly, to have the words

09:50:46 of their authority, and the TPD spokeswoman claimed that

09:50:53 TPD's job is to provide with us a safe place to protest.

09:50:57 Yesterday, Mayor Buckhorn told WMNS Kelly Benjamin that the

09:51:02 city was bending over backwards to accommodate us.




09:51:04 The protestors of Occupy Tampa, how is it mandating our

09:51:09 getting rained on the removal of water bottles and the

09:51:11 arrest of two people protestors for simply sitting in the

09:51:14 grass at Curtis Hixon park speaking their minds with signs

09:51:18 bending over backwards to accommodate us?

09:51:20 Our struggle and protests is not aimed at the police. It is

09:51:22 completely nonviolent.

09:51:23 We are forced from this focus by overpolicing.

09:51:28 Please note, we are not going anywhere.

09:51:32 99% sold out while the financial sector have been blessed

09:51:36 with and criminal CEOs into their fat-cat golden years.

09:51:41 We protest the state of affairs and the effects of

09:51:44 financialalization of our democracy. We humbly ask City

09:51:47 Council to give us the space in which to protest day and

09:51:48 night to address these grievances and to bring us more and

09:51:52 more members of the 99% into public space, accessible

09:51:56 comments, to come up with much-needed solutions.

09:51:59 The sidewalk is not safe.

09:52:00 We need a park after dark.

09:52:03 >>CHARLIE MIRANDA: Thank you very much.

09:52:13 Excuse me for one second.

09:52:14 Our 30 minutes are up.

09:52:15 I am going to ask the council for a 15-minute extension to

09:52:18 one minute per speaker.

09:52:20 >> So moved.




09:52:23 >> Second.

09:52:24 >>CHARLIE MIRANDA: I have a second by Mrs. Montelione on a

09:52:26 close vote with our vice chair, and we go from there.

09:52:30 All in favor of that motion indicate by saying Aye.

09:52:33 Opposed, nay.

09:52:34 The ayes have it unanimously.

09:52:35 >> My name is Joseph Jay, a citizen of Tampa for 15 years.

09:52:40 Thank you for having me this morning.

09:52:41 It's been said of the October sayings of Tampa we seem to

09:52:45 focus more on police and not our ability to sleep on the

09:52:48 sidewalk.

09:52:48 I can tell you that we agreed nearly unanimously, Occupy

09:52:53 Tampa as the broader occupy movement is not merely to secure

09:52:58 the rights of the sidewalks, it's one we reach by necessity.

09:53:02 The idea of the occupy movement -- I'm sorry, I talk too

09:53:05 fast.

09:53:06 I'm a little nervous.

09:53:08 One minute.

09:53:08 The idea of the movement is to establish the safe public

09:53:11 space for citizens to come together and find the solutions

09:53:14 that we are labeled as not having.

09:53:17 We are united not in the same ideas of solution, but in the

09:53:22 recognition of a problem.

09:53:23 To do this, we need a safe public space.

09:53:26 We need a place to congregate and exercise our rights to




09:53:29 assemble.

09:53:29 Currently we do not have.

09:53:34 At least give us the park.

09:53:37 Thank you.

09:53:39 >>CHARLIE MIRANDA: Next, please.

09:53:40 >>> Susan Long, broad street, here to address the fertilizer

09:53:47 ban.

09:53:47 I strongly urge you to support it.

09:53:49 I don't care who puts it down.

09:53:50 It ends up in the rivers.

09:53:52 If we have a strong rain.

09:53:54 If we have a strong rain my recycle bin and 60-gallon trash

09:53:58 barrel end up in the river.

09:54:00 Do not tell me what I put on my lawn is not going to end up

09:54:04 in the river, too.

09:54:05 I have walked three blocks to the river to drag my stuff

09:54:07 home.

09:54:09 As do most of my neighbors.

09:54:11 I strongly encourage you to support it.

09:54:12 It will wash off.

09:54:13 It will be in the river.

09:54:15 The other comment I want to make, I want to say that I

09:54:17 strongly support Al Steenson's statements regarding the

09:54:20 illegal dumping.

09:54:21 We have that problem in my area, too.




09:54:24 And stronger enforcement will be wonderful.

09:54:27 Thank you.

09:54:28 >>CHARLIE MIRANDA: Thank you very much.

09:54:29 Next, please.

09:54:29 >> John brewer, 1718 East 7th Avenue, Tampa 32605 here on

09:54:38 behalf of the Empire club.

09:54:40 Thank you for the opportunity to speak to you and to make an

09:54:42 announcement and a proposal.

09:54:45 On behalf of the Empire club, I am here to announce that the

09:54:49 club has officially closed its doors after 18 years of

09:54:52 business, and being in Ybor City since 1993.

09:54:56 The doors have been closed and operation has been shut down.

09:55:00 I would also propose on behalf of the Empire club, the City

09:55:06 of Tampa to consider the purchase of this building, either

09:55:09 for maybe applies substation or some other use or need that

09:55:13 the City of Tampa may have.

09:55:14 Thank you.

09:55:16 >>CHARLIE MIRANDA: Thank you very much.

09:55:19 Next, please.

09:55:19 >> My name is Brenda Mobley.

09:55:24 I'm secretary for eastern hates neighborhood association and

09:55:27 crime watch.

09:55:29 I live on 4236 east Cayuga.

09:55:33 I was the proud recipient and I thank you for that but did

09:55:42 it make a difference.




09:55:43 We feel lake we live on a city street and not a country

09:55:47 road.

09:55:47 So I'm asking that you complete the work and in particular

09:55:54 on 41st street because we have a large amount of

09:55:59 residents that definitely need a sidewalk to walk on.

09:56:03 Thank you.

09:56:04 >>CHARLIE MIRANDA: Thank you.

09:56:04 Next, please.

09:56:05 >> My name is Everaleen Hough, I live by mount olive.

09:56:17 We definitely need the sidewalk.

09:56:19 If you all would consider it.

09:56:21 When people get out of church, they have to walk in the

09:56:23 streets wherever they go.

09:56:25 So please consider looking at getting us sidewalks.

09:56:30 Thank you.

09:56:31 >>CHARLIE MIRANDA: Thank you.

09:56:32 Next, please.

09:56:32 >> I'm Willie Singletary Jr., and I live at 4511-41st

09:56:44 street.

09:56:44 And I am a member of Mount Olive Church.

09:56:47 And Mount Olive, they got a sidewalk up to Dr. Martin Luther

09:56:56 King, all the way to my house, and we definitely need a

09:57:06 sidewalk to Chelsea, and I hope and pray that you all will

09:57:14 consider it.

09:57:17 I talked to the mayor about it.




09:57:18 He was down at the church.

09:57:20 And I showed him what we need to be done.

09:57:23 He said it will be done.

09:57:24 Thank you.

09:57:25 >>CHARLIE MIRANDA: Thank you.

09:57:26 Next, please.

09:57:26 >> Hello.

09:57:30 My name is Stephani cannon.

09:57:33 I live in Clearwater, Florida.

09:57:34 I'm here as part of Occupy Tampa.

09:57:40 We have been receiving a lot of police harassment, as they

09:57:43 said, helicopters flying over, just watching us for two,

09:57:47 three minutes at a time.

09:57:49 We had plains clothes police officers going through the

09:57:52 other day.

09:57:53 I think they counted eleven times that the police were here

09:57:57 on Tuesday.

09:58:00 And I believe this is a ridiculous waste of public funds as

09:58:05 well.

09:58:06 The woman who spoke to you earlier about her yoga class, I'm

09:58:10 not quite sure what happened.

09:58:11 It sounded like something with the homeless.

09:58:13 I'm not quite sure.

09:58:14 But I do believe that most of us are not for being in Curtis

09:58:20 Hixon and we believe that it is a family area where people,




09:58:25 now, come every day, makes a lot of money for the city with

09:58:28 events.

09:58:29 I believe a lost us would like Kiley Gardens.

09:58:32 It's off to the side.

09:58:33 Not a lot of people use it.

09:58:35 There's a plan for gardens there any way, and we talked with

09:58:40 people, and we would like to pursue that further.

09:58:42 Thank you.

09:58:44 >>CHARLIE MIRANDA: Thank you very much.

09:58:44 Next, please.

09:58:50 >> My name is Mark Proper, North Ninth Street, Tampa.

09:58:55 I would like to thank the City Council for taking up our

09:58:57 issue.

09:58:59 Where our government acknowledges and supports the need for

09:59:01 people's democratic movement it is ironic that we fight for

09:59:04 the same right at home.

09:59:05 A state law enforcement may be use Ford two ends, to enforce

09:59:08 laws in the pursuit of public safety, or to use laws to

09:59:11 enforce social order.

09:59:12 And Occupy Tampa poses no threat to public safety, it is the

09:59:16 latter case, social order engaged with the law.

09:59:20 I have no issue with the police but the end which they serve

09:59:23 is misuse.

09:59:24 Since our cause takes up the issue with you the wrongful

09:59:28 legislation of economic order police intervention proves




09:59:31 that social and economic order are one in the same and that

09:59:34 large venues to protect the wealth and position directly or

09:59:37 indirectly of those of the highest echelon which we take

09:59:42 issue therefore drawing more public service as way from the

09:59:46 citizenry and providing services to those who can afford

09:59:48 representation and protection.

09:59:52 At this point, the first to operate on behalf of the

09:59:57 people --

09:59:58 >>CHARLIE MIRANDA: Thank you very much.

09:59:58 >> I appreciate it very much.

10:00:00 Thank you.

10:00:00 >> Kim summers, 39946 sun burst drive hear to talk about

10:00:11 occupy Tampa.

10:00:12 I don't want to touch on the other points they made by want

10:00:15 you to realize that people that are coming to Florida, right

10:00:18 now we have teachers, we have USF students, we have

10:00:21 university of Tampa students, we have NAACP, ACLU, unions

10:00:25 coming out constantly to back us.

10:00:27 It's people just like you and I that are wanting to fight

10:00:30 for change.

10:00:31 I personally am unemployed state certified firefighter EMT,

10:00:36 and I am going out there risking my arrest every night

10:00:39 sleeping on the sidewalk being woken up at one in the

10:00:42 morning for no reason.

10:00:43 You know, there's no reason that we should be treed like




10:00:46 this.

10:00:46 We are here as Americans.

10:00:47 We have marines that are coming in to support us.

10:00:50 It's time for to you support us.

10:00:52 Thank you.

10:00:52 >> Thank you very much.

10:00:57 Next, please.

10:00:58 >> Good morning.

10:01:05 Good morning.

10:01:07 It's a wonderful day to be in Tampa.

10:01:10 This is a wonderful season.

10:01:14 I wish we were outside.

10:01:15 >> Excuse me, stop the time.

10:01:19 I need your name and address.

10:01:20 >> Okay.

10:01:22 Jim Golder, Dade city.

10:01:26 My apologies.

10:01:28 I'm aware of the sleeping orthopedics and 272-8 but these

10:01:33 ordinances must be balanced against the Constitutional

10:01:35 rights of the protestors.

10:01:37 You wouldn't write a law taking gun as way from citizens.

10:01:44 The right to bear arms has been affirmed by many courts.

10:01:48 The right to peacefully assemble is also a Constitutional

10:01:53 right.

10:01:53 The Constitution does not have a dawn to dusk clause.




10:02:02 The Constitution trumps all other laws.

10:02:05 These kids -- I know they are in their 20s, and -- two

10:02:11 second.

10:02:11 (Bell sounds).

10:02:16 >>CHARLIE MIRANDA: I'm sorry, your time is up.

10:02:17 >> That's all I wanted to say.

10:02:22 Thank you.

10:02:27 >> I am very in support of Americans' rights to freedom of

10:02:38 speech.

10:02:39 That said, the word occupation, I have a definition from the

10:02:45 Oxford dictionary, akin to adverse possession.

10:02:47 This is city property.

10:02:48 It belongs to everyone, not just the protestors.

10:02:51 And if they occupy 24-7 that deprives the right of other

10:02:55 citizens to use the space and it's in violation of the

10:02:57 ordinances.

10:02:58 And we also like to point out what's been going on in other

10:03:01 cities.

10:03:02 Occupy D.C. has now seeded from the United States.

10:03:09 They have.

10:03:09 They refuse to allow police -- sexual assaults, rapes,

10:03:14 robberies, and other illegal activities has gone on in

10:03:18 almost all of the occupations, and they are not being

10:03:22 reported to the police and the police can't investigate

10:03:24 them.




10:03:25 There's a list of supporters of the occupy movement that

10:03:29 includes the communist party, the American Nazi party,

10:03:34 and --

10:03:35 >>CHARLIE MIRANDA: I'm sorry, thank you very much.

10:03:36 >> North Korea.

10:03:38 >>CHARLIE MIRANDA: Your time is up, thank you.

10:03:39 >> Et cetera.

10:03:40 I would like to submit these two articles to the council.

10:03:44 >>CHARLIE MIRANDA: Thank you.

10:03:49 >> I'm Chris Ratledge. I'm the counsel organizer for

10:03:55 moveon.org and we stand behind the Occupy for what they

10:03:59 stand for and we support their movement and hope this

10:04:02 council looks favorably on it.

10:04:04 Thank you.

10:04:05 >>CHARLIE MIRANDA: Thank you very much.

10:04:05 Next, please.

10:04:15 >>CHARLIE MIRANDA: Our 15 minutes are up on these comments

10:04:18 for 30 minutes, we allowed an additional 15, and I

10:04:21 appreciate all the comments that were received by this

10:04:23 council.

10:04:24 At this time I also need a motion to approve the minutes of

10:04:26 the last meeting.

10:04:26 >> So moved.

10:04:29 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

10:04:30 seconded by Mr. Reddick.




10:04:32 All in favor say Aye.

10:04:33 Opposed, nay.

10:04:34 The ayes have it unanimously.

10:04:35 And I apologize to Mr. David Braugton, the CEO of crisis

10:04:42 center.

10:04:42 Is he here?

10:04:44 Yes, sir.

10:04:45 >> Thank you, chairman.

10:04:46 Thank you, City Commission for having me this morning, and

10:04:49 commissioner, council person Cohen for inviting us.

10:04:54 It's my distinct honor and pleasure to be able to talk to

10:04:57 you this morning about an important community institution

10:05:00 called the crisis center established nearly 40 years ago by

10:05:03 visionaries like yourself.

10:05:04 We are concerned about basic human needs in our community,

10:05:07 and that those needs weren't being met.

10:05:10 So the first two programs that they established was a

10:05:13 program for folks who had suicidal thoughts and were

10:05:17 thinking about taking their lives, where they can call in

10:05:19 and receive help.

10:05:20 It was a program for women who had been sexually assaulted.

10:05:26 Taking them out of the hospital and putting them into a

10:05:28 private space where competent people could collect the

10:05:31 forensic information, and not further traumatize the

10:05:34 survivors.




10:05:35 I doubt that those folks 40 years ago could have imagined,

10:05:39 though, that 40 years later we would be serving 185,000

10:05:44 people annually, the majority of whom live here in Tampa,

10:05:47 that we would employ 220 staff and have an operating budget

10:05:50 in excess of $11 million.

10:05:53 What hasn't changed during that time, though, is that we are

10:05:55 still about the business of serving basic needs that no one

10:05:59 else has been addressing.

10:06:01 Let me give you just a couple of examples.

10:06:03 A few weeks ago, I had a family get off the elevator and it

10:06:08 was a mom and dad and two beautiful little girls with bright

10:06:11 colored beads in their hair and striking blue dresses, I

10:06:16 asked how I could be of help.

10:06:19 She said we are looking for your counseling office.

10:06:21 On that short ride between the second floor and the first

10:06:24 floor of the crisis center, mom looked at me, her eyes

10:06:28 filled with pain, and she said, now, we are hear for her.

10:06:31 And she glanced down at the oldest of the two little girls

10:06:37 and said her uncle did things to her that I can't talk

10:06:40 about.

10:06:41 I smiled back at mom and reassured her she was in the right

10:06:46 place.

10:06:46 Then I led her into a room that was full of other children

10:06:48 and families many of whom had the same experience, kids

10:06:53 whose childhood had been stolen from them by some adult, and




10:06:56 who now were finding hope and healing through the services

10:07:02 of the crisis center.

10:07:03 In our community we have over 3,000 cases of child abuse

10:07:07 proven annually, and yet last year we only saw 550 of those

10:07:12 cases.

10:07:13 We are concerned about how we can do more, and in

10:07:16 partnership with you and others we can do more.

10:07:20 Each week we received between 30 and 50 suicide calls.

10:07:24 Last week we got a call from a 61-year-old man, a very

10:07:27 successful business person here in our community, who had

10:07:31 seen some unfortunate times.

10:07:33 His property had been foreclosed on and he lost a lot of his

10:07:38 material wealth.

10:07:39 And when he called, he had a gun on his lap, and he had

10:07:44 decide PD that he was going to take his life.

10:07:46 The reason being was that his daughter was going to get

10:07:49 married in two weeks and he couldn't afford to pay for the

10:07:52 wedding.

10:07:54 We receive these kinds of calls each and every day.

10:07:58 In fact, on average we receive about 3,000 calls a week.

10:08:01 And it used to be that the calls were information referral

10:08:05 to our line ran about two to one.

10:08:08 So we received 2,000 information referral calls, 1,000

10:08:13 crisis calls.

10:08:14 Today that number has flipped.




10:08:16 Now we receive the thousand crisis calls for every 1,000

10:08:20 information referral calls.

10:08:24 Last week, we also had a mom sitting in our office who just

10:08:27 received our pink slip, and she's a single mom, a deadbeat

10:08:33 dad, trying to do what she can to take care of her two young

10:08:37 sons.

10:08:37 And she was worried about whether or not she was going to be

10:08:39 able to pay her rent to keep her lights turned on.

10:08:42 And we were talking with her about a budget plan, and how we

10:08:45 can help make that happen.

10:08:46 But we looked over and we saw her youngest son,

10:08:51 seven-year-old who she brought with her, dressed in pants

10:08:55 that were baggy and a belt wrapped around his waist twice

10:08:59 and a shirt that hang on him like a tent.

10:09:02 The caseworker asked mom, tell me a bit about your son.

10:09:05 Pray tell why he's dressed that way.

10:09:07 Mom smiled proudly and she said, you know, I have two kids,

10:09:11 a 12-year-old and 7-year-old, and I always make enough money

10:09:15 to buy one of them new clothes.

10:09:17 And so I buy the 12-year-old the new clothes and the

10:09:19 7-year-old gets the hand-me-downs.

10:09:22 And so the caseworker looked at the 7-year-old, said, so how

10:09:26 are you with that?

10:09:27 I'm fine, I'm fine.

10:09:29 And mom got serious, and, he's not fine.




10:09:34 So because of the generosity of people who really make up

10:09:37 the crisis center, we were able to give mom, you know, a

10:09:40 gift card to WalMart where she went and bought her son some

10:09:44 clothes.

10:09:44 And the next time she came in her son was dressed in pants

10:09:47 that fit, a belt that only went around once, and T-shirt

10:09:53 captain America T-shirt and he was strutting tall.

10:09:56 Yet this year we will receive over 7,000 requests from

10:09:59 assistance from the woman I just talked about, and what we

10:10:04 have seen is while the number of people who are calling us

10:10:06 and coming to us for help had gone down, who are unemployed,

10:10:09 has gone down, the number who are underemployed, are working

10:10:14 two or three jobs just to make ends meet, had gone up.

10:10:22 Once in a while I get to free on our Transcare ambulance.

10:10:29 It's a social enterprise we starred back in the 80s to do

10:10:32 mental health transports, and we continue to do 4 or 500

10:10:35 mental health transports a month.

10:10:39 Even the police department and the Sheriff's Department are

10:10:43 having to transport folks and really taking law enforcement

10:10:46 out of the mental health system and letting law enforcement

10:10:49 do what it does best.

10:10:51 Once in a while I get to go along on those rides and I

10:10:54 remember a grandma we picked up, she was in her 80s, and

10:10:58 she was suffering from dementia, and had become paranoid.

10:11:02 And everybody stood around not knowing what to do with her.




10:11:06 We put her in the truck and she immediately calmed down.

10:11:10 And it happened to be that she spent some time in Sweden,

10:11:15 and I subsequent some time in Sweden so we talked about

10:11:20 Swedish pancakes.

10:11:21 Before she left, she hugged me.

10:11:23 And she said, you know, isn't it wonderful that even when I

10:11:27 get crazy, there's somebody who still cares.

10:11:35 When the folks formed us 40 years ago they did not see all

10:11:39 the needs and the array of services that the crisis sent

10:11:43 worry offer today.

10:11:43 But not only spoke to those needs but also was effective in

10:11:49 its response.

10:11:49 That's why today the crisis center measures our results by

10:11:54 the impact we have on peoples lives, likes the folks I just

10:11:57 talked about.

10:11:58 They measure our results in terms of the innovation we

10:12:01 bring.

10:12:01 We are spearheading an effort in our community to introduce

10:12:04 trauma-informed care and realizing so much of the problems

10:12:09 we see in 96% of all mental health issues are

10:12:11 trauma-related.

10:12:13 Children growing up in neighborhoods where they are not safe

10:12:15 to walk on the streets, and that adversity has accumulative

10:12:19 effect.

10:12:19 We are pioneering a near therapeutic approach called step




10:12:24 care and we are about to launch a Web site called every step

10:12:28 counts where individuals can contribute to people in need

10:12:30 knowing that 100 percent of those dollars will go to those

10:12:33 people in need.

10:12:36 Lastly the crisis center is built around partnership.

10:12:39 And certainly there's no better example of that than our

10:12:41 partnership with the City of Tampa.

10:12:43 As we know, the counties are responsible for human services

10:12:46 in our communities.

10:12:47 The city doesn't engage in social services per se, but

10:12:51 without your partnership, we couldn't do what we do.

10:12:53 And there's two examples of that.

10:12:55 One is our partnership with Tampa Police Department, through

10:12:57 our sexual assault services.

10:12:59 Now, we are so fond of Chief Castor and the folks in the

10:13:03 sexual crimes unit.

10:13:06 We work hand in glove with them.

10:13:07 And together we are not only able to bring help, hope and

10:13:09 healing last year to 287 victims of sexual assault but also

10:13:15 we were able to advocate for justice on their behalf, and a

10:13:18 sure that if somebody has committed a crime that that

10:13:21 perpetrator is taken off the street and hopefully put away

10:13:24 where he belongs.

10:13:26 Another example is our work with the Tampa fire and rescue

10:13:31 department.




10:13:32 Transcare is the primary BLS, basic life support, ambulance

10:13:37 company in the City of Tampa.

10:13:39 We run about 2,000 911 calls in the City of Tampa.

10:13:44 We are actually dispatched by the City of Tampa, fire and

10:13:47 rescue.

10:13:48 So that we have a seamless system.

10:13:50 And if you compare what we do with what happens over in

10:13:53 Pinellas, you know, our system is so much more efficient,

10:13:56 both for the end users.

10:13:58 Our average response time is under 12 minutes.

10:14:00 It's much cheaper, it's much more affordable.

10:14:03 Yet we only get paid for about a third of the transports

10:14:07 that we offer.

10:14:08 We are able to do that because we are a not-for-profit.

10:14:10 And that's our business.

10:14:11 And yet we are able to, at the same time, generate some

10:14:14 revenues from that to underwrite all the other services that

10:14:17 we just talked about.

10:14:19 I would like to conclude by asking first of all inviting all

10:14:23 of you to a special event this Sunday in which survivors of

10:14:28 sexual assault will be speaking out and sharing through song

10:14:30 and music and dance and poetry their recovery and how they

10:14:34 reclaimed their lives with the help of the crisis center.

10:14:37 It's going to occur at 4:00 at the Roosevelt on

10:14:40 1812-15th street north and it would be wonderful to see




10:14:43 you.

10:14:44 Secondly, I want to let you know that we are working with

10:14:46 the city to look at we need to expand our facilities and

10:14:50 hopefully will be able to do some of that in cooperation

10:14:52 with you.

10:14:53 Thank you so much for having me this morning.

10:14:54 >>HARRY COHEN: Thank you very much.

10:15:02 A lot of people watch this on the broadcast.

10:15:04 And if they are facing a significant challenge or crisis in

10:15:08 their life, how do they reach you and reach out to the

10:15:11 crisis center?

10:15:11 >> All they have to do is call 211.

10:15:14 And the 211 runs 24 hours a day.

10:15:16 We have a large staff of trained counselors.

10:15:21 And where do I find medical facilities for my aging mom, or

10:15:26 I'm thinking about taking my life, we can be of help.

10:15:30 Thank you.

10:15:31 >>MIKE SUAREZ: As you know, I was out there, I know a lot

10:15:37 of colleagues have gone out there, but because this is

10:15:41 broadcast, I want to make mention of someone that passed

10:15:44 away this past weekend, Dennis Ross, who used to be the CEO

10:15:49 of the crisis center, who was a great member of the City of

10:15:52 Tampa, was born here, became a staffer for Senator Graham,

10:16:02 eventually was a CEO of Jim Walter corporation, but

10:16:05 remembered how his son had committed suicide, and became the




10:16:09 CEO of the crisis center.

10:16:11 I think you would agree it would probably not be as strong

10:16:15 financially had Dennis Ross not stepped in there and

10:16:18 actually marshaled the forces of people that he knew and the

10:16:20 people that he had worked with over the years to make it as

10:16:24 strong as it is now.

10:16:25 I just wanted to recognize him for his contribution, because

10:16:30 how many people knew about him especially in later years

10:16:33 because he had been CEO of crisis center and had some

10:16:37 problems himself.

10:16:39 But he was a great Tampanian and help in the crisis center.

10:16:46 I want to thank you for continuing the work that Dennis had

10:16:48 put forward after, I guess, how many years ago that you took

10:16:53 over?

10:16:54 >> Four years ago.

10:16:55 >> Four years ago.

10:16:56 His work over the previous, I believe, it was eight years

10:17:00 that he was there was a great testament to his strength and

10:17:04 powers as an individual, and thank you for continuing that

10:17:07 kind of work.

10:17:07 >> Well, thank you.

10:17:09 And certainly Dennis was one who really got the Transcare

10:17:12 operation going.

10:17:13 And I'm clear that we stand on the shoulders of those who

10:17:16 came before us.




10:17:16 And Dennis had pretty tall shoulders.

10:17:18 So we stand high because of him.

10:17:21 Thank you all.

10:17:22 Thank you so much.

10:17:25 >>CHARLIE MIRANDA: Anticipate, request for legislative

10:17:37 matters from last week?

10:17:38 I see no one.

10:17:39 We go to committee reports on the agenda.

10:17:44 That's items 3 through 51.

10:17:47 We'll go to the first part of the ordinance for first

10:17:49 reading.

10:17:49 Mr. Suarez, would you take item number 3?

10:17:56 >>MIKE SUAREZ: This is a substitute ordinance presented for

10:18:00 first reading consideration.

10:18:01 An ordinance of the city of Tampa, Florida relating to

10:18:04 zoning certifications by the zoning administrator and

10:18:06 relating to City Council review hearings by providing for

10:18:10 DVDS, making revisions to City of Tampa code office

10:18:15 ordinances chapter 27 zoning amending section 27-368.2,

10:18:20 process for application for written determinations and

10:18:24 certifications, amending section 27-373, review; repealing

10:18:29 all ordinances or parts of ordinances in conflict therewith;

10:18:34 providing for severability, providing an effective date.

10:18:39 >>CHARLIE MIRANDA: Second by Mrs. Montelione.

10:18:41 All in favor?




10:18:42 Opposed?

10:18:43 The Ayes have it unanimously.

10:18:45 >>THE CLERK: Second reading and adoption will be held on

10:18:49 November 17th, 2011 at 9:30 a.m.

10:18:53 >>CHARLIE MIRANDA: Thank you very much.

10:18:53 We go to item number 4.

10:19:00 Ms. Capin?

10:19:07 >>YVONNE CAPIN: An ordinance being presented for first

10:19:08 reading consideration, an ordinance authorizing the

10:19:10 installation and maintenance of encroachments, proposed

10:19:15 balcony with columns, footers and decorative building

10:19:18 parapet over portions of rights-of-way known as 8th

10:19:22 Avenue and north Avenida Republica de Cuba as more

10:19:29 particularly described herein subject to certain terms,

10:19:31 covenants, conditions and agreements as more particularly

10:19:34 described herein, providing an effective date.

10:19:40 >>CHARLIE MIRANDA: Second by Mr. Cohen on a close vote with

10:19:42 Mr. Suarez.

10:19:42 All in favor indicate by saying Aye.

10:19:45 Opposed, nay.

10:19:45 The Ayes have it unanimously.

10:19:47 >>THE CLERK: Second reading and adoption will be held on

10:19:50 November 17, 2011 at 9:30 a.m.

10:19:55 >>CHARLIE MIRANDA: Thank you, clerk.

10:19:56 Item number 5.




10:19:57 Mr. Reddick.

10:19:58 >>FRANK REDDICK: Move item for first reading consideration.

10:20:02 An ordinance authorizing the installation and maintenance of

10:20:05 encroachments, two proposed canopies and footers, six

10:20:10 existing building parapets and 12 proposed decorative

10:20:15 sconces over portion of rights-of-way known as west Grand

10:20:19 Central Avenue and West Kennedy Boulevard with property

10:20:22 addresses of 410 and 420 West Kennedy Boulevard Tampa,

10:20:25 Florida as more particularly described herein, subject to

10:20:28 certain terms, covenants, conditions and agreements as more

10:20:31 particularly described herein, providing an effective date.

10:20:34 >>CHARLIE MIRANDA: Motion by Mr. Reddick, seconded by Ms.

10:20:37 Mulhern on a close vote with Mr. Cohen.

10:20:39 All in favor?

10:20:40 Opposed?

10:20:41 The Ayes have it unanimously.

10:20:44 We go to Public Safety Committee, item -- I'm sorry.

10:20:47 >>THE CLERK: Second reading and adoption will be November

10:20:50 17, 2011 at 9:30 a.m.

10:20:54 >>CHARLIE MIRANDA: Public Safety Committee item, item 6

10:20:56 through 8.

10:20:56 Chair Mr. Frank Reddick.

10:20:59 >>FRANK REDDICK: Move 6 through 8.

10:21:02 >> Second.

10:21:02 >> I'm going to have to call you two dead heat.




10:21:08 I have a motion by Mr. Reddick, seconded by Mr. Suarez on a

10:21:12 close vote with Mr. Cohen.

10:21:14 All in favor?

10:21:15 Opposed?

10:21:16 The Ayes have it unanimously.

10:21:20 Parks, Recreation, Culture Committee, Mary Mulhern.

10:21:22 >>MARY MULHERN: I move items 9 through 15.

10:21:26 >>HARRY COHEN: Second.

10:21:29 >>CHARLIE MIRANDA: Seconded by Mr. Cohen.

10:21:31 All in favor of the motion please indicate by saying Aye.

10:21:33 Opposed, nay.

10:21:34 The ayes have it unanimously.

10:21:36 Public Works Committee, Mr. Suarez.

10:21:38 >>MIKE SUAREZ: I move items number 16 through 24.

10:21:41 >> Second.

10:21:43 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Ms.

10:21:45 Capin.

10:21:46 All in favor of the motion indicate by saying Aye.

10:21:49 Opposed?

10:21:49 The Ayes have it unanimously.

10:21:51 We go to Finance Committee.

10:21:52 Mr. Cohen.

10:21:53 >>HARRY COHEN: I move items 25 through 30.

10:21:56 >>FRANK REDDICK: Second.

10:21:59 >>CHARLIE MIRANDA: Seconded by Mr. Reddick.




10:22:00 All in favor of the motion indicate by saying Aye.

10:22:02 Opposed, nay.

10:22:03 The Ayes have it unanimously.

10:22:06 Building, Zoning and Preservation Committee.

10:22:09 Lisa Montelione.

10:22:09 >>LISA MONTELIONE: Thank you, Mr. Chair.

10:22:14 Before I move the item, I had requested items 43, 44, 45, as

10:22:21 well as item 36.

10:22:24 And it's on the agenda, item 36 was not mentioned on items

10:22:29 removed under committee reports for discussion, but I did

10:22:33 send an e-mail last night to remove item 36 as they are all

10:22:39 related.

10:22:40 So with that, I move items 31 through 35, and 37 through 42.

10:22:51 >>HARRY COHEN: Second.

10:22:54 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, seconded by

10:22:56 Mr. Cohen.

10:22:56 All in favor of the motion?

10:23:00 >>LISA MONTELIONE: Sorry.

10:23:01 I also move item 46.

10:23:06 Mr. Shelby came over to advise me.

10:23:09 >>CHARLIE MIRANDA: Seconded by Mrs. Mulhern.

10:23:11 All in favor of the motion indicate by saying Aye.

10:23:13 Opposed, nay.

10:23:14 Ayes have it unanimously.

10:23:16 Let's go back.




10:23:19 36 was not moved, so 36.

10:23:24 And the other items you pulled, do you want to discuss them

10:23:26 now?

10:23:27 >> No, we can discuss them under staff reports.

10:23:29 Because I don't believe staff is here yet.

10:23:33 >>CHARLIE MIRANDA: All right.

10:23:34 Transportation committee.

10:23:40 >>YVONNE CAPIN: Transportation committee, move items 47

10:23:43 through 51.

10:23:46 >>CHARLIE MIRANDA: Second by Mr. Reddick on a close vote

10:23:48 with Ms. Mulhern.

10:23:50 All in favor of the motion please indicate by saying Aye.

10:23:52 Opposed, nay.

10:23:53 The Ayes have it unanimously.

10:23:57 I need items to be set for public hearing.

10:23:59 >> Move item 52.

10:24:03 >>CHARLIE MIRANDA: Moved by Ms. Mulhern, seconded by Mr.

10:24:06 Cohen.

10:24:07 All in favor of the motion please indicate by saying Aye.

10:24:10 Opposed, nay.

10:24:10 The Ayes have it unanimously.

10:24:13 Now we go to ordinances for second reading.

10:24:16 Those items 53 through 55.

10:24:23 Need a motion to open.

10:24:25 >> Motion to open the public hearing.




10:24:27 >>CHARLIE MIRANDA: Motion by Mrs. Montelione, second by Mr.

10:24:29 Suarez.

10:24:30 All in favor of the motion?

10:24:32 Opposed?

10:24:33 The Ayes have it unanimously.

10:24:35 Item 53.

10:24:36 Anyone in the public care to speak on item 53?

10:24:41 I see none.

10:24:41 I need a motion to close.

10:24:44 I have a motion by Mr. Cohen, seconded by Ms. Capin.

10:24:49 All in favor of the motion please indicate by saying Aye.

10:24:53 The Ayes have it unanimously.

10:24:55 Ms. Mulhern, item number 53, please.

10:24:57 >>MARY MULHERN: I move an ordinance being presented for

10:25:00 second reading and adoption, an ordinance approving a

10:25:02 special use permit S-2 for alcoholic beverage sales, large

10:25:06 venue, on premises, packaged and making lawful the sale of

10:25:12 beer and wine located at 1536-1548 North Dale Mabry highway,

10:25:19 Tampa, Florida, as more particularly described in section 2

10:25:23 hereof, providing for repeal of all ordinances in conflict,

10:25:27 providing an effective date.

10:25:30 >>CHARLIE MIRANDA: Seconded by Mr. Suarez.

10:25:32 This is a roll call vote.

10:25:36 Vote and record.

10:25:36 >>THE CLERK: Motion carried unanimously.




10:25:51 >>CHARLIE MIRANDA: Anyone wish to speak on 54?

10:25:54 >>ABBYE FEELEY: Land Development Coordination.

10:25:56 Items number 54 and 55 on your agenda require certified site

10:26:00 plans.

10:26:00 Those items have been certified.

10:26:02 They will be provided to the clerk.

10:26:03 Thank you.

10:26:06 >>CHARLIE MIRANDA: Anyone else in the audience care to speak

10:26:07 on item 54?

10:26:09 Need a motion to close.

10:26:10 I have a motion by Mr. Reddick, seconded by Mrs. Montelione.

10:26:13 All in favor?

10:26:15 Opposed?

10:26:15 The Ayes have it unanimously.

10:26:17 Mr. Cohen, would you take item 54, please?

10:26:20 >> I move an ordinance being presented for second reading

10:26:22 and adoption, an ordinance rezoning property in the general

10:26:26 vicinity of 8746 east Fletcher Avenue in the city of Tampa,

10:26:30 Florida and more particularly described in section 1 from

10:26:35 zoning district classification PD-A planned development

10:26:38 alternative, retail hotel business, medical office,

10:26:41 residential research development, to PD-A planned

10:26:46 development alternative, retail, hotel, business

10:26:49 professional office, residential, research, and development,

10:26:52 clinic, office, medical, providing an effective date.




10:26:55 >>CHARLIE MIRANDA: Seconded by Mr. Suarez.

10:26:57 Roll call vote.

10:26:58 Vote and record.

10:27:09 >>THE CLERK: Motion carried unanimously.

10:27:12 >>CHARLIE MIRANDA: Item 55.

10:27:13 Anyone in the audience care to speak on item 55?

10:27:16 Please come forward.

10:27:16 I see no one.

10:27:17 I need a motion to close.

10:27:19 Motion by Mrs. Montelione, seconded by Mr. Suarez.

10:27:21 All in favor indicate by saying Aye.

10:27:25 Opposed, nay.

10:27:25 The ayes have it unanimously.

10:27:27 Mrs. Montelione, would you please take item 55?

10:27:30 >>LISA MONTELIONE: I move an ordinance being presented for

10:27:35 second reading and adoption, an ordinance rezoning property

10:27:37 in the general vicinity of 3603 west Azeele street in the

10:27:41 city of Tampa, Florida, more particularly described in

10:27:44 section 1 from zoning district classifications RO

10:27:47 residential office to PD planned development, office,

10:27:50 medical and all RO uses, providing an effective date.

10:27:52 >> Second.

10:27:55 >>CHARLIE MIRANDA: Second bid Mr. Suarez.

10:27:57 Roll call vote.

10:27:59 Vote and record.




10:28:08 >>THE CLERK: Motion carried unanimously.

10:28:10 >>CHARLIE MIRANDA: We are now on staff reports items 56

10:28:12 through 62.

10:28:13 >> Welcome back.

10:28:23 John Bennett, assistant chief, Tampa Police Department.

10:28:28 As item 56 mentions, we are here to provide a status report

10:28:31 to your request based on our continuing efforts to work with

10:28:34 and have a working relationship with Occupy Tampa.

10:28:38 So I'm here to answer any questions that you might have.

10:28:42 >>CHARLIE MIRANDA: Any questions by council members at this

10:28:43 time?

10:28:45 Mrs. Mulhern?

10:28:46 >>MARY MULHERN: Thank you, chief.

10:28:50 And for coming and hopefully you are here to hear from the

10:28:56 many people who spoke.

10:28:57 >> I was.

10:28:58 >>MARY MULHERN: And I hope they appreciate that we are

10:29:01 giving them another public forum where they are televised,

10:29:04 and it was good to have them here.

10:29:07 I just wanted to say, I may have a few questions, but I just

10:29:10 wanted to say that I went and spoke to the group a few weeks

10:29:15 ago, and it was the evening before anyone -- and when I

10:29:21 spoke, I don't think anyone had been arrested yet.

10:29:24 But the next day, some arrests had happened.

10:29:27 So one of the things that I impressed with the assembly,




10:29:35 with the protestors movement, is that they are getting

10:29:40 better with stating what their message is, and doing that in

10:29:44 a civil manner, at least as far as we heard from them today,

10:29:49 I think people are starting to really understand why you are

10:29:53 there and not hearing only about the fact that you want to

10:29:58 occupy, so I had questioned a couple weeks ago of legal

10:30:06 whether there was a place, that I think is the message heard

10:30:10 today, is there a place somewhere, where we could allow the

10:30:16 protestors to be able to stay overnight?

10:30:19 I think this is going to be a big and ongoing question for

10:30:24 us in Tampa, and for the county, and I don't know, if you

10:30:29 have any ideas to offer on that, where we can go.

10:30:37 Is there a possibility that there is somewhere that we would

10:30:40 be able to allow those individuals that want to occupy, want

10:30:44 to stay overnight can stay?

10:30:48 >> I appreciate the challenge both from Occupy Tampa as well

10:30:51 as essentially government and the way the rules and

10:30:56 regulations work.

10:30:57 Of course in, a law enforcement role our job is to work and

10:31:00 facilitate with everybody to try to find what with what we

10:31:03 would call that legal and cooperative space for everybody to

10:31:06 have their voice.

10:31:07 Now, we are willing to just be part of that team as much as

10:31:10 we have to be.

10:31:10 >>MARY MULHERN: I think we got the same answer, and I did




10:31:19 when I spoke with people at the park, explained to them

10:31:23 that, you know, that was really our role at this point, too,

10:31:31 that it's on the books, and I think we from council heard

10:31:34 from everybody today and have been hearing all along that we

10:31:37 could maybe consider looking for some other places.

10:31:41 I did want to also just commend TPD on working with them,

10:31:47 and I think the most important thing for us as a city is to

10:31:51 try to be that model where it is peaceful on all sides,

10:31:58 where we are not seeing -- and it seems to me that the

10:32:01 protests have been nonviolent, and I personally want to

10:32:07 encourage TPD to -- unless there is some real dangerous

10:32:15 threat to anyone's public safety, to continue to work with

10:32:20 people that are there in the park, as you have been doing,

10:32:24 just to encourage that to continue.

10:32:27 And I guess with the other kind of touchy question I had for

10:32:32 you, for TPD, is -- and really we are hearing from people

10:32:36 here today and whatever we read in the newspapers, so I'm

10:32:40 not exactly sure what's been going on, but people are in the

10:32:44 park during the hours when the park is open.

10:32:50 Is there any reason, any reason in our code, or in the

10:32:56 interest of public safety, that they shouldn't be able to

10:32:58 have food and, you know, water with them?

10:33:06 I mean, those kind of possessions that people might have

10:33:08 with them because they are planning to spend like today in

10:33:15 the park?




10:33:15 What has been happening with that when we hear about their

10:33:18 possessions being confiscated?

10:33:23 >> Essentially, I think talking on the park language and

10:33:28 park rules and utilization of the park, of course that's a

10:33:31 welcoming space for the city and parks for what parks do.

10:33:34 So, you know, we just work with parks to have them just

10:33:38 reinforce their rules and their boundaries, and having

10:33:41 things in the park as you would normally use in the park,

10:33:43 and allow others to co-use the park is kind of the space

10:33:48 that we are working in now.

10:33:49 I think maybe what you might be hearing about is items that

10:33:53 are blocking the sidewalk outside the park.

10:33:56 If that's the case, then typically there's many, many, many

10:34:00 discussions that don't end up since the Occupy Tampa

10:34:09 movement started and everybody has been fairly cooperative.

10:34:14 So I think there's a lost conversations going on in a

10:34:17 positive way with the police, and the Occupy Tampa group.

10:34:20 But if there is an article that is blocking the sidewalk,

10:34:23 that's where the ordinance comes in to play.

10:34:26 But we have been getting a lot much compliance from folks

10:34:29 when they ask them to just not obstruct the sidewalk.

10:34:31 >> So if they are there during the day during open hours in

10:34:35 the park, and they have sandwiches or whatever, backpacks --

10:34:41 >> Just like any family would in the park.

10:34:43 >> Is there some reason why it can't be on the -- in the




10:34:46 park but not on the sidewalk?

10:34:48 >> No.

10:34:49 The park is -- I think the part that may be confusing is the

10:34:55 park has operational hours, and if you are allowed in the

10:34:57 park during those operational hours, again, we didn't write

10:35:00 that recall, we just follow the rule, and we work within the

10:35:03 framework of that rule.

10:35:04 But when the park is closed, city-wide, the park is closed.

10:35:09 And then if things are blocking the sidewalk beyond any time

10:35:14 of day other than what we agreed to, which is a table to

10:35:16 make sure that they could have their pamphlets and share

10:35:22 information about the movement, which everybody respects

10:35:24 that, and that's typically within the framework.

10:35:26 And I can tell you for the most part it's been cooperative

10:35:29 when the police have gone down there and had those

10:35:31 discussions about staying in those boundaries, and I think

10:35:35 it's testimony to what you said, Councilwoman, when you said

10:35:37 you heard they come in and they are a little more focused

10:35:40 and have a little more direction about their message.

10:35:42 I think that's just the growing pains that started off and

10:35:45 we are moving down the road.

10:35:45 >> That's good to hear.

10:35:48 So if anything have been taken or confiscated, it's because

10:35:57 they are on the sidewalk? -- blocking the sidewalk.

10:36:04 >> And again it's typically to the point of reasonableness




10:36:06 where we have asked them to move and there's a contentious

10:36:12 response or a ban dock of that property.

10:36:14 And again I'll tell you every dialogue -- we are really into

10:36:17 the dialogue part.

10:36:19 >> Thank you.

10:36:20 >>LISA MONTELIONE: I think maybe my questions were for Mr.

10:36:29 Shimberg.

10:36:30 Hi.

10:36:35 Some of the members of the occupy movement -- and we had a

10:36:44 workshop meeting and I have a meeting scheduled for next

10:36:46 month -- and one of the things that they have asked for, and

10:36:51 we have received handouts from Mr. Rhodes and from FCAN and

10:36:58 the rainbow push coalition, seemed to be requesting changes,

10:37:04 or in one case suggesting changes to our code of ordinances.

10:37:08 I understand that in preparation for next year's RNC

10:37:12 convention, we are considering changes to some of the codes.

10:37:18 I know that the mayor spoke about it in the newspaper, and

10:37:22 it is fairly common knowledge that we are working on those

10:37:24 revisions do. We know when those revisions will be

10:37:27 available for council?

10:37:30 >>JIM SHIMBERG: City attorney.

10:37:32 Not exactly.

10:37:33 There's a lot of different groups that are meeting right

10:37:35 now, coming up with ideas and looking at options and

10:37:39 suggestions we are receiving from other places.




10:37:41 There's different theories about how we should potentially

10:37:44 do it.

10:37:44 I don't have a time frame that we will be bringing something

10:37:47 back to council.

10:37:47 But it will be well in advance of RNC so you guys will have

10:37:53 a chance to deliberate on it and consider it and have it go

10:37:56 into effect hopefully with enough time that people will know

10:37:59 about it.

10:37:59 But I don't have a date right now.

10:38:01 >>LISA MONTELIONE: Well, if bee consider making even slight

10:38:06 revisions to the current code, when we do receive these

10:38:12 revisions that the mayor is contemplating and staff is

10:38:14 contemplating, then it will have to be revised.

10:38:18 So for those that are asking for us to make revisions to our

10:38:21 code, I want to understand one of the reasons why we are not

10:38:25 moving forward with revising them now is because there is

10:38:29 discussion in the works, and there are revisions to the code

10:38:34 being contemplated, but we're just not ready to bring those

10:38:38 forward, and we are not ready to, you know, revise the code

10:38:41 multiple times.

10:38:42 So that maybe would provide an answer to those that are

10:38:47 asking for us to make revisions to our code as it currently

10:38:51 stands.

10:38:52 I have reviewed the Facebook page of the Occupy Tampa

10:38:58 movement, as well as the Web site, and spoken to a few




10:39:04 people, and some of the concerns -- and this may be for TPD.

10:39:12 The idea of having items on the sidewalk, which Councilwoman

10:39:15 Mulhern had referenced, blocking the sidewalk was a table,

10:39:25 and there was a contentious issue over the size of the

10:39:27 table.

10:39:30 So when Occupy Tampa was told they could have one table for

10:39:34 their literature, there was a table that was brought in that

10:39:42 was quite long, and was removed.

10:39:45 And I watched the YouTube video of that table being removed.

10:39:49 So some of this is fine line between what is allowable and

10:39:55 what is not allowable.

10:39:57 So is there any specific guideline that can say, these

10:40:03 things -- and again this is reiterating some of the things

10:40:07 you just discussed with Councilwoman Mulhern, and talked

10:40:11 about the concerns that she had about blocking the sidewalk.

10:40:14 So do we have something we can say, okay, here are the

10:40:20 rules, here are the things you can have, so that there's no

10:40:24 misunderstanding that, yes, you can have one table, but, in

10:40:26 a, you cannot have a table that is 15 feet long?

10:40:32 >> Well, Councilwoman, when we went out there initially and

10:40:36 tried to create the dialogue opportunity to in essence

10:40:40 create this working partnership and have a good

10:40:43 understanding of what their message was and their mission

10:40:45 was, and, you know, we said with sit with loll legal and go

10:40:52 through the codes, and they are written for everybody so we




10:40:54 try to find that balance where we work within the framework

10:40:56 of those codes, and when we agreed upon a table which

10:41:00 essentially is a concession within that, we are trying to be

10:41:04 as liberal as possible in allowing it to happen.

10:41:07 And then there's an agreement to say, yes, we are going to

10:41:10 have one table and we are going to have this ability to use

10:41:14 the size of the table, and that's what they agreed to, and

10:41:18 then, of course, come back, and it's reconfigured after

10:41:22 every discussion, that's where the challenges came in.

10:41:24 And that's where we look forward to having more dialogue is

10:41:28 to reduce those challenges, because communication, we

10:41:31 believe, does fix a lot.

10:41:33 And to go down there, have an agreement on something and

10:41:36 then the agreement changes, and we are already stretching

10:41:38 what we believe is within what's the framework of the code,

10:41:41 and we don't write the code.

10:41:43 Of course, we work within it.

10:41:45 And, again, we are trying to strike the balance between you

10:41:49 are protecting that first amendment right to have their

10:41:53 assembly and share information against things that would

10:41:57 affect the rest of the city, and that's --

10:42:00 >> I think part of the problem is when you reach an

10:42:02 agreement with one person, or even with two or three, when

10:42:07 there is 25 or 30 people or more in a movement, you may

10:42:12 reach an agreement with two or five or ten or twenty, but




10:42:17 there may be other people in the group that did not agree.

10:42:21 So maybe that's part of what -- since there is in a leader,

10:42:25 there is no one person speaking for the group, it's very

10:42:28 difficult to make an understanding amongst these other

10:42:34 groups what that agreement was.

10:42:35 And I understand the difficulty in that.

10:42:37 And honestly, when you say you can have one table, what

10:42:41 probably comes to mind in everybody's maned is a folding

10:42:44 table or a card table or one that you typically use for a

10:42:48 bake sale or garage sale or something like that.

10:42:51 Not a never-ending, you know, always enlarging table.

10:42:58 So I think when you say one table, that's literally one

10:43:03 table that is purchased off the shelf in a store.

10:43:07 Can you also speak to us about some of the arrests that were

10:43:10 made?

10:43:12 How many arrests in total have been made?

10:43:15 >> I went through the documentation.

10:43:18 I have seen 12.

10:43:19 12 arrests.

10:43:20 >> 12 arrests.

10:43:21 And on average, how many people -- on any given day I know

10:43:27 it probably changes during the day, and night.

10:43:29 >> Night and day.

10:43:31 Typically we are seeing anywhere from, I'd say, the range is

10:43:34 10 to 30.




10:43:35 >> 10 to 30.

10:43:37 Made 12 arrests?

10:43:38 >> I don't know if it's 10 or 30.

10:43:42 10 to 30, that 10 to 30 may not be the same 10 or 30 every

10:43:47 time.

10:43:47 >> Right.

10:43:48 Well, I know during the day, and occasionally on a weekend,

10:43:52 and some of the folks are visible because they ride on the

10:43:58 street, so it's hard to tell how many people --

10:44:01 >> But I think I should add to that in those 12 arrests,

10:44:06 it's difficult to say whether some of those folks were part

10:44:08 of the what we would call the Occupy Tampa group, because it

10:44:15 just depends.

10:44:16 >> Right.

10:44:18 Why?

10:44:18 >> Well, because if they are part of the folks that we have

10:44:21 had dialogue with, and somebody has gone outside of whatever

10:44:24 the code would be or the rules at that time, some of the

10:44:27 arrests are parks calling us about a trespassing incident,

10:44:31 now, so it's just within the park structure there's been 12

10:44:34 arrests.

10:44:35 >> It just concerns me that given the numbers of people that

10:44:39 have been -- that I have observed been in the park as part

10:44:43 of the movement of that we have had that many arrests.

10:44:45 >> Well, it's been over, I would say, a two-week time frame.




10:44:50 >> And finally, I have viewed, as I said, the videos on

10:44:56 YouTube, and there have been claims by some of brutality and

10:45:04 I have to say even viewing all of the video from recent

10:45:07 events, whether it's filmed by TPD, which I don't believe

10:45:13 any of those are on YouTube, so the videos that I am viewing

10:45:16 are posted by members of the press or members of the occupy

10:45:20 movement.

10:45:22 I haven't seen, with my own eyes, I have not seen any

10:45:25 evidence of brutality.

10:45:26 So I just want to really put that on the record.

10:45:30 And I commend TPD as well for the restraint.

10:45:34 And I have watched those, and I'll tell you, if I was out

10:45:37 there and being called names and pushed around, I'm glad

10:45:41 that you're professionals and you are out there and I am

10:45:44 not.

10:45:44 I don't know that I would be as tolerant for the name

10:45:47 calling and the characterization that TPD has undergone.

10:45:53 >> Thank you.

10:45:54 We are hoping that the dialogue will help channel, I guess,

10:46:00 their message to the right way and we can work together.

10:46:02 So that's still the goal.

10:46:03 >> Thank you.

10:46:05 >>CHARLIE MIRANDA: Any other comments?

10:46:07 Ms. Capin?

10:46:09 >>YVONNE CAPIN: I also want to commend Tampa police for




10:46:14 dialogue.

10:46:14 It's absolutely important and essential.

10:46:18 I did meet with some of the members that were here last week

10:46:23 for about an hour or so after the workshop.

10:46:31 One of the things, we all know -- actually, this is a

10:46:35 worldwide phenomenon.

10:46:38 It is not just happening here.

10:46:41 But along with that, civil disobedience, one of the things I

10:46:46 think of is Martin Luther King, and he was ordered not to

10:46:52 march into Mississippi.

10:46:57 We have the Republican national convention coming next year.

10:47:01 There's nothing ordinance about what is happening here.

10:47:05 And I have to, without knowing -- we don't have a report

10:47:13 from legal.

10:47:15 Just what's happening now.

10:47:17 That I have every confidence that we will be working, and we

10:47:22 will set an example for the rest of the country and the

10:47:25 world.

10:47:26 And I appreciate that.

10:47:27 Thank you.

10:47:31 >>CHARLIE MIRANDA: Any other council member?

10:47:33 Thank you very much, chief.

10:47:34 We appreciate it very much.

10:47:35 >> Thank you.

10:47:36 Welcome back.




10:47:38 >>CHARLIE MIRANDA: Thank you.

10:47:39 Item number 57.

10:47:39 >>MARY MULHERN: Item 57.

10:48:12 We are going to have a report on chapter 5.

10:48:18 >>JIM SHIMBERG: Julia Cole.

10:48:19 She was here a minute ago.

10:48:21 >>MARY MULHERN: And we have someone here from the

10:48:24 administration on number 58 to talk about the Manhattan

10:48:28 brush site.

10:48:28 >> Tonja Brickhouse, department of solid waste and

10:48:45 environmental program management.

10:48:46 How are you all doing this morning?

10:48:50 That's wonderful.

10:48:54 I submitted a report, and I just wanted to walk through it

10:48:57 briefly to give an update, mainly the report was designed to

10:49:01 address the three issues that were highlighted in the agenda

10:49:04 item, signage throughout the neighborhood, increasing

10:49:11 enforcement and also increased fines for illegal dumping.

10:49:15 This was focused on Port Tampa, but we are looking at it as

10:49:20 we were already looking at it but looking at it from the

10:49:22 standpoint of the entire city, because the issues that were

10:49:25 highlighted in the agenda item pertain to the entire city.

10:49:30 What I have done is had my team of professionals look at

10:49:35 from a number of angles.

10:49:36 We looked at it -- we are finding that the movement from




10:49:42 Manhattan brush site to MacKay Bay is about eleven miles to

10:49:46 South Tampa and about ten miles from north Tampa so it makes

10:49:48 it centrally accessible for all of our city customers.

10:49:55 We looked at the illegal dumping issue which is the biggest

10:49:58 issue, not just for Port Tampa but also for the city in

10:50:02 general.

10:50:03 And I was pleased as I looked at the members that they are

10:50:06 going in the right direction.

10:50:10 Going in the right direction as we compared city-wide

10:50:12 average from 2010 to city-wide average 2011.

10:50:17 And so we are down somewhere between 25 and 40%.

10:50:23 But having said that, we still have some challenges with

10:50:26 illegal dumping.

10:50:28 This whole question to look at some other things in terms of

10:50:33 total cost, speaking on how we quantify it and also looking

10:50:39 at how we can take advantage of some technology that's out

10:50:41 there.

10:50:42 So right now, we are working with the contract as we

10:50:50 approach things.

10:50:51 And get a security camera at Manhattan brush site.

10:50:56 It needs to be there any way.

10:50:58 Thought we would have it up by now.

10:51:00 It is not.

10:51:01 We have the go through a couple of hurdles but once we get

10:51:04 through the PO process, it should take about a week for it




10:51:07 to be installed.

10:51:07 The good news is that not only in the courts and trying to

10:51:12 figure out the Manhattan brush site, we learned about new

10:51:18 cameras out there that are operated from solar power.

10:51:21 And so what we'll do city-wide then is purchase some solar

10:51:26 powered cameras that doesn't require the electrical

10:51:29 connections, which means that we can identify our top 10

10:51:33 illegal dumping sites, and then be able to move cameras

10:51:38 throughout the different areas, to increase surveillance,

10:51:42 because you don't have enough manpower to be able to move

10:51:48 just for manpower alone, but we'll partner with TECO, TPD,

10:51:53 partner with MacDill, to work to how best to -- we have

10:51:59 potential sites.

10:52:03 We know of city properties where we can put the cameras on

10:52:06 to be able to angle, to catch violators, because that's one

10:52:12 of the issues they brought up, concern about signage.

10:52:15 I don't know that signage is going to be the solution.

10:52:17 I think that the surveillance increase will be a better

10:52:20 solution for us.

10:52:21 So we'll look at a mix of both of those.

10:52:24 The other thing, too, is they brought up a valid point, and

10:52:27 that's something that we have been working on for a while

10:52:29 thanked is the code.

10:52:30 Chapter 26 does not have enough actions in it so we are

10:52:40 working with the legal department on code revisions for




10:52:43 solid waste.

10:52:45 And not just as it pertains to illegal dumping but code

10:52:49 revision sews we are looking at a complete update on that.

10:52:52 And I'm happy to hopefully, January 2012, we may have the

10:52:57 first draft where the process comes before you all again as

10:53:02 it relate to the code.

10:53:04 There were some other benefits to the movement from the

10:53:07 Manhattan brush site to MacKay Bay as well, because -- I'm

10:53:13 almost out of time, but we have looked at, if you look at

10:53:16 the pictures on the report, you will see it's a more

10:53:19 professional layout in terms of the transfer station.

10:53:21 But ware also in the process of doing better management.

10:53:26 We have also identified a site at MacKay Bay that we are

10:53:30 working in the permitting process now so that we can speed

10:53:33 up the process for residents that are doing just brush only,

10:53:35 and have a roll-off position for the southeast side so that

10:53:42 they can come in, get that done, and then we can quickly

10:53:44 take it up and process it.

10:53:48 So a lot of things have come out of the issue with the

10:53:50 Manhattan brush site closure to help us be more efficient

10:53:53 and effective in servicing all the customers, also dealing

10:53:56 with illegal dumping issue, and those things.

10:53:59 So I just wanted to give an update.

10:54:01 The communication campaign will summarize.

10:54:05 I don't want to take up any more time going through that.




10:54:07 But one of the things clear to me, and I go to Port Tampa

10:54:14 about once a week, and it's looking pretty good, looking

10:54:17 pretty good.

10:54:18 I did not see any major dumping of some brush here and

10:54:24 there, but there are areas where weighed the problem anyway.

10:54:26 And that's why I want to make it an illegal dumping issue,

10:54:29 not necessarily Manhattan brush site closure.

10:54:32 So we are working.

10:54:33 Got a plan.

10:54:35 Not moving fast enough but we are moving in the right

10:54:38 direction.

10:54:39 >>CHARLIE MIRANDA: Thank you.

10:54:39 Any questions?

10:54:42 >>FRANK REDDICK: How do you do?

10:54:43 >> I'm doing good.

10:54:45 I am.

10:54:45 >>FRANK REDDICK: I want to know the time line for the

10:54:51 installing the cameras that you are looking at.

10:54:54 >> Before the end of this year.

10:54:56 It's just working through the purchasing process to go ahead

10:55:00 and get it, because there's some opportunities to piggyback

10:55:04 on things so it may not take as long as it would in the

10:55:07 normal process.

10:55:08 Some of the cameras, some of my people report being used by

10:55:14 parks and rec and I believe TPD so there's an opportunity to




10:55:18 piggyback on something that's already being used by the

10:55:20 city. So that's why I don't think I am going to have-but I

10:55:24 can get you a more definitive answer.

10:55:26 >> Thank you.

10:55:26 And I know you are aware that we have a serious illegal

10:55:30 dumping problem in East Tampa.

10:55:32 >> Oh, yes, sir.

10:55:35 When I at the top ten areas that we have got a few of the

10:55:41 top ten illegal dumping sites, but I'm pleased to report,

10:55:46 though, that we are even seeing it go down in those areas as

10:55:51 well.

10:55:51 Not as quickly as I would like to see.

10:56:00 >> One of the areas that had problems with illegal dumping,

10:56:05 I'm partnering with St. Pete -- I don't want to say steal

10:56:13 but plagiarize some of the illegal dumpings, but I don't

10:56:18 think we have identified all the items that we have.

10:56:20 We have a whole bunch of tools in the tool box to direct the

10:56:23 issue.

10:56:24 Because the numbers don't look good to me in terms of what

10:56:26 it's costing the city.

10:56:28 And so at the end of the day, we want the city clean but we

10:56:30 also want to cut out the unnecessary expense.

10:56:36 >>CHARLIE MIRANDA: Any other council members?

10:56:39 >>YVONNE CAPIN: Very quickly.

10:56:40 The top ten illegal dumping sites, if you can get that to my




10:56:46 office, I would appreciate it.

10:56:47 >>TONJA BRICKHOUSE: I sure will.

10:56:52 >>CHARLIE MIRANDA: Thank you very much.

10:57:00 Before we go to 57, item 64, if I may jump for a second, I

10:57:08 think they are going to ask for a continuance.

10:57:10 And I would like to take that, see if anyone in the audience

10:57:13 is against these fine folks asking for a continuance.

10:57:17 Yes, sir?

10:57:21 >>JOHN GRANDOFF: Suite 3700 Bank of America Plaza on behalf

10:57:24 of the trustees, request a continuance until November

10:57:28 17th.

10:57:32 >>CHARLIE MIRANDA: Does anyone in the audience care to speak

10:57:34 on this subject matter?

10:57:36 Need a motion from the council.

10:57:37 >> Second.

10:57:43 >>CHARLIE MIRANDA: At 10:30.

10:57:46 All in favor of that motion please indicate by saying Aye.

10:57:49 Thank you.

10:57:52 Item number 57.

10:57:53 >>JULIA COLE: Legal department.

10:57:56 I apologize.

10:57:57 I was out of the room when you called this item.

10:57:59 You had asked legal department to look at chapter 5 as it

10:58:02 relates to the addressing of vacant parcels that are

10:58:06 undergoing construction review.




10:58:09 In researching this issue and discussing this matter with

10:58:12 John Barrios, the manager of construction services division,

10:58:15 it turns out that the Florida building code is actually

10:58:18 being amended to have a requirement for addressing of

10:58:22 buildings will so it's actually a good opportunity to look

10:58:24 at this issue, and revisions in our code that would be

10:58:30 necessary in order to be in compliance with the new Florida

10:58:33 building code.

10:58:34 So what I am going to be recommending, and we are asking

10:58:38 City Council to allow me to bring forward, is an ordinance

10:58:41 which changes to section 5-116.1 relating to the number in

10:58:46 the buildings and adding a requirement to the addressing of

10:58:49 parcels undergoing construction review, and requiring that

10:58:53 there be an address in the right-of-way within the

10:58:56 parameters of the new Florida building code.

10:59:03 I have some suggestions or I can bring it back in the

10:59:08 ordinance at your meeting in the next few weeks.

10:59:13 >>CHARLIE MIRANDA: Council members?

10:59:16 >>LISA MONTELIONE: I would want you to consider what's

10:59:18 being revised in the building code, and bring back an

10:59:22 ordinance, if anyone has any objections to that, bringing it

10:59:29 back as an ordinance.

10:59:30 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

10:59:32 seconded by Mr. Cohen.

10:59:33 All in favor of the motion please indicate by saying Aye.




10:59:36 Opposed, nay.

10:59:37 The Ayes have it unanimously.

10:59:38 Thank you very much.

10:59:42 Item number 59.

10:59:43 >> Jan McLean with city attorney's office here today at the

10:59:53 direction of City Council.

10:59:55 During the June 23rd meeting, you asked me to return and

10:59:58 report on two items.

11:00:00 The first item that you asked to conduct an economic impact

11:00:04 analysis regarding the regulation and use and sale of the

11:00:07 fertilizers containing nitrogen or phosphorus which was the

11:00:12 portion of the ordinance which you adopted on June 23rd,

11:00:15 and the second item was to appear before you today and

11:00:17 provide a report on any recommended issues that with have

11:00:23 arisen since the adoption of the ordinance under legislative

11:00:28 deadline to adopt the ordinance at that time.

11:00:34 On Friday, October 28th, I distributed to you a brief

11:00:38 memo with some supporting documentation.

11:00:41 We did a desk stop study with the resources that we had to

11:00:45 try to determine if there had been any previous economic

11:00:49 study on the implementation of such ordinances.

11:00:52 Here within the state, and I looked elsewhere as well

11:00:56 throughout the country.

11:00:58 First, we have one of only two ordinances that contain a

11:01:03 point of sale as you well know, and the other ordinance was




11:01:06 only just beginning to be implemented in Pinellas County.

11:01:12 So the backup materials that you have are pretty

11:01:14 self-explanatory.

11:01:15 And as I met with each of you, some materials are provided

11:01:21 from the lawn and landscaping industry, and also for each

11:01:25 e-mail, anecdotal information that was shared with me from a

11:01:29 Sarasota County representative and his relationship with the

11:01:33 lawn and landscaping industry in that county.

11:01:36 They have not seen negative economic impacts in their

11:01:41 county.

11:01:42 True, they do not have a point of sale ban in Sarasota

11:01:45 County, but with regard to the implementation of the

11:01:49 restricted period, and the ban on the use of fertilizers,

11:01:54 nitrogen and phosphorus during that time frame, they have

11:01:57 not had any report of negative economic impact.

11:02:04 So to that item, I thought I would stop here, see if there's

11:02:08 anybody that has had any questions with regard to that

11:02:10 subject matter before I moved on to any recommendations.

11:02:16 >>CHARLIE MIRANDA: Thank you very much for your report.

11:02:17 Any questions by council members?

11:02:18 >>FRANK REDDICK: Thank you.

11:02:26 And let me just add one other item, and that is reference to

11:02:30 impact, that you would be doing a study and evaluating to

11:02:42 come up with some numbers to determine what impact would be

11:02:48 in that one-year time, I believe, having been approved.




11:02:52 Would you just add that for clarity?

11:02:55 >> Yes, sir.

11:02:55 There was a discussion that we had, and that I had with

11:02:58 others as well, as far as our ordinance will become

11:03:01 effective in June, and that might be a very good time for us

11:03:07 to begin our data collection with regard to the sales ban

11:03:11 and the restrictive periods.

11:03:13 So at least for the short time frame of the next summer

11:03:16 restrictive period, we could do some analysis and gather

11:03:20 some data, and do a report back to council, about this time

11:03:23 next year, which I can provide you the report, and the

11:03:31 estuary program is beginning a study on neighborhoods in

11:03:34 Pinellas County in comparison with ones that have adopted

11:03:39 the ordinances and ones that don't and see if there's

11:03:44 quantitative basis for the fertilizer ordinance.

11:03:46 >>FRANK REDDICK: Thank you.

11:03:49 >>CHARLIE MIRANDA: Any other council members?

11:03:51 Thank you very much.

11:03:51 >> I have the second portion of my report was with regard to

11:03:56 any recommended revisions, and with in mind that we were

11:04:02 under a deadline, it was my recommendation for us to go back

11:04:06 and work with the regulating industries that had some

11:04:12 concerns with regard to the rapidity with which we adopted

11:04:17 the ordinance and might have overlooked of possibility for

11:04:20 revision.




11:04:21 We worked very closely with a number of folks, and I would

11:04:25 like to report that we have two recommendations that I would

11:04:31 make to you with recommendation to come back with revisions

11:04:34 to the ordinance.

11:04:35 Both would be further exemptions, very narrow, very

11:04:39 specific, with regard to entertainment complexes and the

11:04:46 second would be in support of an already existing exemption

11:04:48 that we have with regard to vegetable gardens, personal

11:04:53 vegetables gardens and community gardens.

11:04:56 Both of those revisions have already been discussed with

11:04:59 those folks, and wave some draft language that I could put

11:05:03 together for you and bring back for first reading very

11:05:07 rapidly.

11:05:08 So with your direction I can do this.

11:05:13 >>CHARLIE MIRANDA: Thank you.

11:05:13 Mr. Cohen?

11:05:14 >>HARRY COHEN: I would move to direct legal to come back to

11:05:17 us with the revisions that Mrs. McLean just outlined.

11:05:22 >>CHARLIE MIRANDA: I have a second by Mrs. Capin.

11:05:24 Ms. Mulhern has the floor.

11:05:25 >>MARY MULHERN: I guess this is sort of a question on the

11:05:29 motion but I was going to ask when you made the motion.

11:05:33 The idea that the community gardens and the gardeners who

11:05:38 are growing food, I would think that there's interests would

11:05:42 be -- most of them do organic gardening or try to do organic




11:05:49 gardening, and I would kind of be surprised if there is a

11:05:54 request from those groups to be able to use the nitrogen

11:06:00 based on the fact that -- and it is the idea that there are

11:06:05 so few of them that they are not going to have much effect?

11:06:08 I'm just surprised about that and wonder what the reasoning

11:06:12 behind that is.

11:06:12 >> In response, I did not have a request from any individual

11:06:19 gardeners or community gardeners.

11:06:21 I have requests from a fertilizer company for us to consider

11:06:26 it.

11:06:27 Since there is both included in the point of sale ban, and

11:06:32 there have been some issues that arose over in Pinellas

11:06:34 County with regard to their being an exemption for gardens,

11:06:37 and community gardens, but not allowing the sale of the

11:06:40 fertilizers that might be used on the edible plants.

11:06:43 That might be true.

11:06:47 I'm not a gardener.

11:06:49 So the individual gardeners could more likely use organic

11:06:52 materials.

11:06:53 But the request was from a fertilizer representative to

11:06:56 consider that we, in support of the exemption that we have,

11:07:01 and my recommendation to you would be to accept a very

11:07:06 narrow exemption allowing for fertilizer that can only be

11:07:10 specifically applied to edible plants, not other types of

11:07:13 plants, in support of the exemption.




11:07:19 >>MARY MULHERN: I guess the devil will be in the details.

11:07:21 But I workshop meeting wouldn't want to create a loophole

11:07:24 where you can buy the fertilizer for edible gardens that you

11:07:31 are not supposed to be using on a wider scale.

11:07:35 So whatever we can do to be careful about that.

11:07:38 >> And in reporting to you, two recommendations that I put

11:07:45 before you.

11:07:46 What I have before you is a recommendation that was

11:07:48 requested by the fertilizer industry, the representative

11:07:53 which we worked closely on, and I appreciate his assistance.

11:07:56 Weighs the person that provided us the materials as part of

11:08:00 your backup.

11:08:01 But their requests would have broadened our exemption in the

11:08:07 ordinance beyond what staff feels they could recommend to

11:08:10 you.

11:08:10 And I think what you heard from public comment today was to

11:08:14 not allow an exemption for commercial applicators to apply

11:08:18 fertilizer during the research period until we don't -- and

11:08:24 so we don't bring forward that recommendation to you today.

11:08:27 >> So maybe there would be a very small containers of

11:08:30 fertilizer if we are were going to bring forward something

11:08:32 to allow.

11:08:38 >> The only thing we are recommending that we revise is just

11:08:43 for the entertainment complexes, those are self-contained,

11:08:47 and then just the plants fertilizer.




11:08:52 >> And that's the part I'm concerned about, edible plants.

11:08:55 But we can talk about that before you bring anything back.

11:08:58 Okay.

11:09:00 >>CHARLIE MIRANDA: Mr. Cohen.

11:09:00 >>HARRY COHEN: To follow up on what Ms. Mulhern and Mr.

11:09:04 Reddick spoke about, the thing that makes this ordinance --

11:09:11 the thing that makes me very comfortable with this whole

11:09:14 program, this ordinance and with the revisions, is that we

11:09:17 will go through a three-month period during the summer,

11:09:20 we'll see how it goes, and we'll have an opportunity after

11:09:24 that, that relatively compact period of time next year to

11:09:29 revisit the matter and look and see how it worked, see what

11:09:34 the results were of it, and at that time we could always

11:09:38 tweak it if we felt that there needed to be changes.

11:09:44 >>JAN MCLEAN: Absolutely.

11:09:44 And as a last note with the legislative session starting

11:09:47 earlier this year, there's already been a bill that's been

11:09:51 filed by the industry that may undercut our efforts in this

11:10:01 area anyway, so we'll see how vigilant we are in

11:10:04 participating in that project.

11:10:06 >>CHARLIE MIRANDA: Thank you.

11:10:06 Any other council members?

11:10:07 Thank you very much.

11:10:08 I appreciate it.

11:10:09 Item number 60.




11:10:19 >>JEAN DORZBACK: Transportation manager.

11:10:21 >>CHARLIE MIRANDA: Let me go back.

11:10:21 I'm sorry.

11:10:22 I had a motion on the floor that I forgot to take the vote

11:10:25 by Mr. Cohen, seconded by Mrs. Capin seconding.

11:10:30 All in favor?

11:10:31 The Ayes have it unanimously.

11:10:32 Item number 60.

11:10:40 >>JEAN DORZBACK: Transportation division.

11:10:41 I would like to say welcome back to Chairman Miranda.

11:10:44 We are very pleased to have you back with us.

11:10:47 I'm sure you heard that a number of times today already.

11:10:50 I apologize if I repeat it.

11:10:54 I want to give another copy of the report that we submit

11:10:56 towed recently, in your packet.

11:10:59 There were a couple of minor edits and thought I would give

11:11:02 you a fresh copy.

11:11:13 There was a motion to provide some information about the

11:11:16 sidewalk program, the basic criteria, and process that we

11:11:21 use to determine the projects that we develop, and then also

11:11:25 what our current plans are for this year.

11:11:29 This approach that we have is a customer-based approach.

11:11:33 We used this approach for many, many years now, and it has

11:11:35 been successful in that the community has an opportunity to

11:11:41 petition us to make a request for a sidewalk.




11:11:43 So we feel that that approach has been going very well.

11:11:47 And basically, we get our requests through a number of

11:11:50 means, individual citizens, community groups, neighborhood

11:11:54 meetings, administration or council.

11:11:58 We have a number of these that come into us.

11:12:00 And as the requests come in, we have a criteria that we

11:12:04 apply to try to make it as fair and equitable and

11:12:08 nondestructive as it possibly can be.

11:12:11 We have a number of criteria we look at listed there for you

11:12:15 in the bullets to determine what will be the best, cost

11:12:20 effective placement of the sidewalk when we are asked to

11:12:23 consider.

11:12:24 And we also take into consideration the funding, the

11:12:28 community support of the project, and the cost benefit.

11:12:34 Basically out of our criteria do a concept of what that

11:12:38 project would cost and go up with a cost benefit ratio, and

11:12:43 see what we end up doing as far as our project, and the

11:12:48 funding available.

11:12:49 So for this current year, for our new sidewalk project,

11:12:53 under consideration right now, are the locations that are

11:12:57 provided on the maps in your packet, the little dots on the

11:13:01 map are listed on the right bottom.

11:13:04 Hopefully it's not too small of print to show the actual

11:13:08 locations.

11:13:11 Those have not been scheduled as yet.




11:13:12 We are a little bit in a transition with our fiscal 11

11:13:17 ending and the fiscal 12 starting.

11:13:19 We have some bids going out for new sidewalk contractors.

11:13:24 These are the current projects we have for consideration.

11:13:29 The following page after that, just some general comments

11:13:32 about our restoration.

11:13:34 It's a very similar process.

11:13:36 We get a number of calls from different sources in terms of

11:13:41 trip and fall locations, locations that are accident

11:13:47 potentials, and so we apply a very similar criteria in order

11:13:52 to give us some means to take the limited resources we have

11:13:57 and go out and tray to fix the locations that we are made

11:14:00 aware of.

11:14:01 So we do our best to try to get those as quickly as we can,

11:14:05 and particularly in the high accident areas, try to put the

11:14:10 resources available to take care of those as we look at any

11:14:14 accidents that may come along.

11:14:16 But just location in the areas where we do have current

11:14:21 restoration fixes that we will be doing is on your last

11:14:26 page.

11:14:26 Those are just the neighborhoods woo we have locations.

11:14:32 It's just information to try to put all of the spots on the

11:14:37 map for you where we will be going.

11:14:39 But if you have interest in that, we can certainly provide

11:14:41 that to you.




11:14:42 So that's just an overview of the approaches we use, and

11:14:47 what we have planned, and I do feel that this

11:14:50 customer-driven approach has been very successful and well

11:14:53 received by our citizens and we used it for many years now.

11:15:00 We would be happy to answer any questions.

11:15:01 >> Mr. Cohen and then Mr. Reddick.

11:15:03 >> Very briefly.

11:15:04 If we have concerns about individual locations on these

11:15:08 maps, can we get in touch with you about that, schedule some

11:15:11 time?

11:15:12 >> Absolutely.

11:15:12 >> To actually be briefed on the status of this particular

11:15:16 sidewalk?

11:15:16 >> Yes.

11:15:17 >> Thank you.

11:15:19 >>FRANK REDDICK: Looking at your maps -- and I believe you

11:15:26 saw several residents that came this morning talking about

11:15:32 41st street and Chelsea about sidewalks.

11:15:36 Those people live in the neighborhood called eastern

11:15:40 Heights.

11:15:40 And I just want to make sure I understand this.

11:15:44 If I am looking at your map, the year 2012, sidewalk

11:15:49 construction, I see where you have north 41st street

11:15:52 between east Chelsea and East Ellicott.

11:15:56 So that area will be addressed according to the 2012




11:16:05 consideration.

11:16:05 Am I correct?

11:16:06 >> Yes.

11:16:06 You are looking at number 5.

11:16:08 Is that the one you are referring to?

11:16:09 >> Looking at your map.

11:16:10 >> Yes, on the map.

11:16:11 >> Sidewalk construction.

11:16:14 And I see where -- item number 5, right?

11:16:17 >> Yes, sir.

11:16:17 >> So the people that came this morning, that is the area

11:16:25 under consideration for 2012?

11:16:29 >>JEAN DORZBACK: Yes.

11:16:31 >>FRANK REDDICK: If I can looking at -- I guess what will

11:16:33 be confusing -- and maybe just for your point of view -- I

11:16:38 believe when you say district 5 on the last page where you

11:16:46 state restoration projects, and you have department of

11:16:51 communities.

11:16:52 I think someone in that community were to receive this, they

11:16:56 will be confused, because district 5, downtown have a

11:17:00 neighborhood existing which is eastern Heights.

11:17:06 The neighborhood association.

11:17:07 >>JEAN DORZBACK: The way these neighborhoods are listed on

11:17:09 here comes from our database.

11:17:11 Shannon Edge is the way the neighborhoods are registered




11:17:13 through that database.

11:17:16 So we have had some comments about how that is being

11:17:20 referenced.

11:17:29 These are repairs rather than restoration.

11:17:32 >> So these are repairs?

11:17:34 >> Y.the new sidewalk, and then this last is the

11:17:38 restoration, the repairs.

11:17:40 That's what we gave the neighborhoods where we are going to

11:17:42 be doing the repairs, and we didn't try to pinpoint each

11:17:46 little spot for the -- where a panel might be replaced and

11:17:53 so forth.

11:17:54 It's too minute for this type of information.

11:17:56 We would be glad to give you more detail. But that last

11:17:58 sheet is the repairs and restoration.

11:18:01 >>FRANK REDDICK: My last question is, where you have the

11:18:07 maps, and these would be sidewalk construction.

11:18:11 >>JEAN DORZBACK: Yes.

11:18:11 >>FRANK REDDICK: Are these the priority when you say one,

11:18:15 two, three, four, five, six?

11:18:17 >>JEAN DORZBACK: No.

11:18:18 We wanted to show the location, how the projects are spread

11:18:21 out, where they are.

11:18:22 The number on there is just the way they identify with the

11:18:26 dot on the map.

11:18:27 It's not a priority order of construction.




11:18:28 >> And to my last question.

11:18:31 When do you anticipate doing this work for sidewalk

11:18:37 construction?

11:18:38 >> As I said, we don't have it scheduled right at this

11:18:41 moment.

11:18:41 We are looking to see what availabilities there is in our

11:18:44 current contractors, see some of these new projects in

11:18:49 existing contracts, and then we have got at least two bids

11:18:53 going out for new contracts.

11:18:58 I can get that information to you.

11:18:59 Some I just don't have it available at this moment.

11:19:02 >>CHARLIE MIRANDA: Ms. Mulhern and Mrs. Montelione in, that

11:19:04 order.

11:19:04 >>MARY MULHERN: Thanks a lot.

11:19:06 This is really helpful.

11:19:07 And for clarifying, too because of the questions.

11:19:13 The map, construction, the list, restoration.

11:19:19 I want to compliment you, because my experience has been

11:19:22 really great based on citizens' requests, and to Jan

11:19:28 Washington and to Mr. Daignault, too, and to Irv Lee when we

11:19:34 had some real problem areas, that got taken care of, being

11:19:44 concerned over many, many years that their particular

11:19:47 sidewalk that they were concerned about the safety of

11:19:49 children on their way to school.

11:19:50 So that's my big question.




11:19:54 And Councilman Reddick really brought up the question of the

11:19:58 prioritizing, and how you get to the top of the list.

11:20:03 And what I think really makes sense, I mean, all of these

11:20:07 sidewalks are for the betterment and the safety of our city,

11:20:11 but I think the sidewalks that are used by schoolchildren,

11:20:19 the most schoolchildren on their way to school, should be

11:20:22 number one priority.

11:20:23 And I know we read about it in the news, the danger to these

11:20:28 kids that have to walk in the street, or -- we are not

11:20:31 talking about crosswalks or that kind of traffic at this

11:20:34 point.

11:20:34 But I know it is a problem when children can't walk on the

11:20:38 sidewalk and they have to go in the street.

11:20:40 And then deal with the daily traffic from the transportation

11:20:46 of children to those schools.

11:20:47 So I see on your list of priorities, passes within one mile

11:20:54 of an elementary school.

11:20:56 I really think that we could make that a lot tighter by

11:21:03 saying, putting that at the top of the list.

11:21:07 I can't think of anything more important as far as sidewalks

11:21:10 and kids trying to get to school.

11:21:12 And also making it, narrowing it down.

11:21:17 Pretty much anywhere you go into the city is going to be

11:21:20 within a mile.

11:21:22 A lot of the city is within the mile of an elementary




11:21:25 school.

11:21:25 But is it on one of those streets where there is a lot of

11:21:27 traffic?

11:21:30 Probably on the busier streets, too.

11:21:32 So I can think of Spruce, you know, over in the Drew Park

11:21:41 area.

11:21:42 Or Culver city.

11:21:45 So I would like to ask that, you know, you do that, that you

11:21:50 make that traffic of children to school number one priority

11:21:57 on the list as far as budgeting and scheduling.

11:22:04 >>JEAN DORZBACK: It is very high on our criteria along the

11:22:06 projects on streets to schools, and we will look to see if

11:22:15 that can be adjust I had in way.

11:22:17 >>MARY MULHERN: Not that it be high on the list in certain

11:22:23 projects.

11:22:23 It just should be the top of the list.

11:22:26 I mean, there may be other things more important, and I

11:22:29 would love to hear about it.

11:22:31 From what I hear from my constituents, that seems to be the

11:22:34 number one priority.

11:22:36 >>CHARLIE MIRANDA: Thank you.

11:22:36 Mrs. Montelione.

11:22:37 >>LISA MONTELIONE: Thank you, Mr. Chair.

11:22:43 Well, I always have to commend Ms. Dorzback because she just

11:22:47 took over this program two months ago, and for her to be as




11:22:50 knowledgeable and O on top of things as she is commendable,

11:22:54 with all the other road projects we have going on. So thank

11:22:57 you for your work.

11:22:58 And to clarify the 41st street, I believe to dovetail to

11:23:07 Mr. Reddick's comments, the folks who were ESPN speaking

11:23:11 this morning, I talked to them out in the hallway, and it

11:23:15 was from Cayuga to Palafant they were looking at.

11:23:21 And we have identified on that list from Chelsea -- I'm

11:23:32 missing that page here -- from Chelsea to Palafant.

11:23:41 So I'm not sure the distance from Cayuga to Chelsea.

11:23:44 Maybe we can look at complete that entire area to start

11:23:49 where they are asking if for from Cayuga and go all the way

11:23:53 through, and that way probably save us some money by doing

11:23:57 it all at the same time rather than coming back a second

11:24:00 time.

11:24:00 The other is that we talk about sidewalks a lot at the MPO,

11:24:05 and I know you were there on Tuesday at our MPO meeting, and

11:24:08 there were some very interesting configurations, where

11:24:13 sidewalks were being created in areas that also served as

11:24:17 stormwater, retention.

11:24:19 So I encourage you to work as closely with stormwater as

11:24:24 humanely possible to -- safeties us money whether we stage

11:24:30 and do things together, and if we can do projects

11:24:32 concurrently.

11:24:33 It also makes more sense to the folks who live in the




11:24:36 neighborhood, because I have gotten calls from my office

11:24:38 saying they just did this work out in the street, and now

11:24:42 they are ripping up the sidewalk that they just put in.

11:24:46 So if we can schedule -- and because you are over

11:24:50 transportation as well doing those road projects, but also

11:24:53 coordinate with maintenance, because it always makes more

11:24:56 sense and saves money when we can coordinate and do projects

11:24:59 in a timely manner. So if someone sees a project that they

11:25:05 expect it to be first on the list to be prioritized, it

11:25:07 might be because we are waiting to consolidate projects and

11:25:10 do everything all at once.

11:25:13 Finally, I would like to know, yesterday we got the link

11:25:17 repaired on the Web site, because in order to report or to

11:25:21 ask for a sidewalk in your neighborhood, you have an

11:25:26 application to fill out, and yesterday, when Ms. Dorzback

11:25:29 was in my office, and we went to the Web site, that link was

11:25:32 in a where.

11:25:33 It brought you to a site that had to do with traffic signs.

11:25:39 Anything to do with sidewalks.

11:25:40 So if technology and innovation is listening we need to get

11:25:46 it fixed pronto.

11:25:48 We also would like -- I'm sure council would also think that

11:25:54 this is a priority, when you go to our Web site and you use

11:25:56 the drop-down list, Tallahassee spot on the Web site for

11:26:00 reporting a pothole in your neighborhood.




11:26:03 But there's no spot on that drop-down menu for reporting a

11:26:08 broken sidewalk or a trip and fall hazard, as Ms. Dorzback

11:26:13 refers to them as.

11:26:14 So I would love to see that assed -- added under "report a

11:26:19 pothole" which is important to cars and drivers but also to

11:26:23 report a broken sidewalk repair that is important to those

11:26:26 who bike and walk on our street as well.

11:26:29 And that's all I have.

11:26:33 >>JEAN DORZBACK: We'll see if we can get those fixed as

11:26:35 quickly as possible.

11:26:37 We'll send in a ticket and follow through on that.

11:26:41 >>CHARLIE MIRANDA: Thank you.

11:26:41 Any other council member? Thank you, Ms. Dorzback.

11:26:45 Item 61.

11:26:49 >>JIM SHIMBERG: City attorney.

11:26:50 You heard from Mr. Brewer's attorney this morning that they

11:26:54 are closing the club.

11:26:56 We have been working on several strategies, and they still

11:27:00 have their alcoholic beverage special use permit in their

11:27:04 liquor license and we are going to continue to monitor that

11:27:06 and work with the Ybor community to make sure that this

11:27:09 continues the way that at least it was announced today.

11:27:13 So I would still caution council members, because there

11:27:16 still could be something that comes before you, so caution,

11:27:19 be cautious in your comments.




11:27:22 >>CHARLIE MIRANDA: Ms. Capin and Ms. Mulhern, in that order.

11:27:26 >>YVONNE CAPIN: I just want to reiterate, really paraphrase

11:27:29 the mayor's comment or quote, and the owner of the Empire

11:27:36 closing his establishment is a decision for the greater

11:27:41 good, and it is a new day and nature in Ybor.

11:27:47 >>MARY MULHERN: My question is, was that this morning that

11:28:00 had the was closed?

11:28:01 When was it officially closed?

11:28:03 >> I think is the is the first tame but they may have closed

11:28:07 the doors a few days ago.

11:28:10 This is the first time they announced it.

11:28:12 >> How does the alcoholic beverage permit work as far as --

11:28:24 >>MARY MULHERN: Do they have to -- they just did this

11:28:26 voluntarily, is there -- as long as they are not serving,

11:28:34 how long do they keep that permit?

11:28:36 >>REBECCA KERT: Legal department.

11:28:38 Their alcohol permit as you know runs with the land.

11:28:41 If there are not sales for I believe 60 days, we post the

11:28:46 property.

11:28:48 They have the ability to come in and request 180-day

11:28:52 extension.

11:28:52 And then they have the ability to request additional

11:28:56 extension ifs they can demonstrate that they are attempting

11:28:58 to open back up.

11:29:00 So that's something that we will be monitoring.




11:29:05 Clearly we'll be monitoring.

11:29:07 And making sure that they follow --

11:29:10 >>MARY MULHERN: In 60 days then you will post something?

11:29:14 >>REBECCA KERT: We post, yes.

11:29:16 We post them with a notice that says they need to either

11:29:19 contact our office and request an extension, or within a

11:29:22 certain amount of time after that they will be automatically

11:29:26 dried.

11:29:26 >>MARY MULHERN: And what is that amount of time if they

11:29:28 don't request?

11:29:32 >>REBECCA KERT: I believe it's another 30 days.

11:29:34 But I can contact you with those exact numbers.

11:29:37 I don't have them now.

11:29:38 >>MARY MULHERN: I think for us it's really helpful if maybe

11:29:42 you could give us that information in memo form so we know,

11:29:47 and also know what the date they were closed or stopped

11:29:53 serving alcohol.

11:29:56 >>JIM SHIMBERG: Also Mr. Brewer mentioned they are

11:29:58 interested in selling the property.

11:29:59 So I know there are several members of the Ybor community

11:30:02 had expressed interest in that.

11:30:03 So we'll also monitor that.

11:30:05 He also expressed an interest in selling it to the city.

11:30:09 And I mentioned that to the mayor.

11:30:10 But I don't know if we have the resources for that.




11:30:15 So we are going to continue to monitor it and report back to

11:30:18 council so we have more information.

11:30:21 We'll get to that.

11:30:23 >> And then the owner of the Empire should decide to open

11:30:33 another club somewhere in the City of Tampa, we'll hear

11:30:37 about it.

11:30:38 They would have to petition us, City Council, is that

11:30:42 correct?

11:30:43 >>REBECCA KERT: Legal department.

11:30:45 They would not have to petition City Council unless the site

11:30:48 already did not have the appropriate special use permit.

11:30:54 If they did not have the underlying --

11:30:56 >>MARY MULHERN: But they can purchase an establishment that

11:30:59 already has that alcoholic beverage permit?

11:31:05 >>REBECCA KERT: Yes, because the state license it is

11:31:07 individual.

11:31:09 City Council permit it is property.

11:31:10 >>MARY MULHERN: So we would know if that was happening.

11:31:15 >> That's correct.

11:31:16 >>MIKE SUAREZ: I was going to ask you a question. In a one

11:31:19 was at the podium, Mr. Shimberg, Mrs. Kert.

11:31:23 I don't want to talk in specifics because I know this is

11:31:26 still essentially an open case.

11:31:29 >>JIM SHIMBERG: Right.

11:31:30 >>MIKE SUAREZ: Two things.




11:31:31 One, the owners of the club that decided to close for

11:31:36 whatever reason, then decide to open up again as Ms. Mulhern

11:31:40 asked you, if there is no waiver needed, they can open up

11:31:45 with a special use permit if it's already on the land,

11:31:49 correct?

11:31:49 >> My point is the fact that he announced -- hypothetically,

11:32:00 if they close the club, that doesn't stop them from coming

11:32:02 back at some point and saying ware unable to sell it, we

11:32:06 decided to reopen.

11:32:08 That's why we are posting.

11:32:09 That's a part of my question but not the whole thing.

11:32:12 That is another property within, let's say, Ybor City, if

11:32:15 that same owner wanted to buy a club, they could.

11:32:19 So long as the special use permit was there, they could sell

11:32:23 alcohol, correct?

11:32:24 >> Correct.

11:32:26 >>MIKE SUAREZ: In this hypothetical, if someone had similar

11:32:33 situations of what happened at club Empire, meaning that

11:32:36 there's been some police activity and there's been some

11:32:39 deaths, there's been some other things, and they wanted to

11:32:44 avoid a problem going to, if I recall correctly, I think

11:32:51 Variance Review Board would have to look at it or nuisance

11:32:54 board, if I am not mistaken, if the nuisance board had said

11:32:58 we think that you need to be closed because you are a public

11:33:00 nuisance, would that person, who had that club, would they




11:33:05 be able to own other clubs in the City of Tampa regardless

11:33:09 of use or no use, correct?

11:33:12 >> I think your hypothetical would depend on the particular

11:33:16 facts of how the business is owned, a corporation, or --

11:33:20 >> My question is, you never lose a right to come back in as

11:33:24 a business owner with special use permit as long as there's

11:33:28 not been any -- fleece no way of stopping someone from doing

11:33:32 that.

11:33:32 They can move on to another location, they can go on as long

11:33:35 as they have the particular uses of that location, they can

11:33:41 continue to operate at that location?

11:33:45 We don't have any specific way of keeping someone from

11:33:52 owning another location with the same use, correct?

11:33:55 >> Correct.

11:33:55 >>MIKE SUAREZ: That was my question and that was my

11:33:59 hypothetical.

11:34:00 Thank you.

11:34:01 >>CHARLIE MIRANDA: Mr. Reddick.

11:34:02 >>FRANK REDDICK: I just want to follow up from Councilwoman

11:34:05 Mulhern's questions.

11:34:06 And that is, the report that you gives, and the time line,

11:34:14 could we have that says we cannot go past this time frame?

11:34:29 >>JIM SHIMBERG: We can give you a time line that someone

11:34:32 closes an establishment before they receive notice from the

11:34:35 city that they are about to lose their alcoholic beverage




11:34:37 special use permit, their wet zoning, unless they come N.we

11:34:41 can give details on that, yes.

11:34:42 >>FRANK REDDICK: Let me just follow up with two other

11:34:45 questions.

11:34:46 One, I know we have limitation as a council as to what we

11:34:53 can say, what we can publicly state, and I would say we need

11:34:59 to continue to be cautious about comments we make.

11:35:05 What limitation do we have as a council, or any individual

11:35:13 member of council that we are limited to discussing this

11:35:15 issue?

11:35:18 >>JIM SHIMBERG: I think the caution that we want to give and

11:35:20 we had given previously was, if there was an opportunity

11:35:23 that a case might be brought before you in your capacity as

11:35:28 a decision making body, that you have to weigh in evidence

11:35:31 make a decision, we wouldn't want you to make a statement

11:35:34 previously that would indicate that you had already made up

11:35:36 your mind on an issue.

11:35:37 So now we don't know there is going to be a case, but we

11:35:42 still have a piece of property that -- Mr. Shelby, do you

11:35:48 want to answer what they can say?

11:35:52 >>MARTIN SHELBY: Council, the best course of action in this

11:35:54 case would be to comment in generalities and to not make any

11:36:00 specific findings with regard to club Empire, with regard to

11:36:05 that particular owner, or that particular situation.

11:36:10 In terms of talking about your role as an elected official,




11:36:13 as an elected official in terms of wanting to protect the

11:36:16 neighborhood, and to serve the community, that's one thing.

11:36:19 But to talk about specific issues in that case that might be

11:36:23 coming before you, that would require you to make a decision

11:36:27 to judge something.

11:36:29 The caution would be not to say anything that could later be

11:36:32 taken to show that you prejudged or you are biased, and not

11:36:37 able to make a fair decision should it have to come to you.

11:36:40 >>FRANK REDDICK: My final comment is this.

11:36:44 Now that the owner of the club came before this body during

11:36:48 public comment and made it known that it's closed, is it

11:36:58 possible, would it be wise for the legal department to

11:37:04 contact this individual, the owner, since they made this

11:37:09 known, that they want to close, and see how we can move this

11:37:14 process forward to expedite it and not give him -- give that

11:37:19 person the wiggle room to say, well, we might go and open

11:37:24 another club, and bring closure to this whole issue?

11:37:28 And that the door has been opened, and by this person coming

11:37:32 here today and opening the door, and it should be incumbent

11:37:36 upon the legal department and take advantage of this

11:37:38 opportunity to sit down and meet with that person and say,

11:37:43 how can we expedite this process to bring closure?

11:37:47 >> Absolutely, Mr. Reddick.

11:37:48 We can and we will do that.

11:37:52 I think it's also up to the Ybor community to give feedback




11:37:58 if he wants to buy the property, if somebody in Ybor wants

11:38:00 to buy it.

11:38:01 That's the best way to monitor it B.we can absolutely follow

11:38:05 up and meat with attorney brewer, and talk to him about

11:38:09 those issues.

11:38:09 But clearly the best way is for somebody else to step up and

11:38:14 buy the property, which they said it would be for sale.

11:38:16 >>CHARLIE MIRANDA: Any other council members?

11:38:18 Mr. Shimberg, I know that the attorney representing the club

11:38:23 came and made that statement publicly. I would suggest that

11:38:25 we get that in writing.

11:38:29 Thank you very much.

11:38:33 Item number 62.

11:38:45 >>THOM SNELLING: Growth management development services.

11:38:48 Item 62 has been around for a while.

11:38:56 And as many of you know, and some of you do not, I will

11:39:01 bring you up to speed, that Congresswoman Castor is

11:39:06 proposing a bill to go forward and to rename the produce

11:39:11 post office in East Tampa community after reverend Abraham

11:39:15 brown.

11:39:18 Mayor Buckhorn has draft add letter in strong support of

11:39:20 this to help expedite this and to help bring city support to

11:39:25 this and help make at reality as well.

11:39:29 The letter will go out to her office later this week.

11:39:33 Excuse me a second.




11:39:36 The letter is going to go to her office this week.

11:39:38 We have been in contact with Congresswoman castor's office

11:39:44 letting her know we are in complete support of this.

11:39:47 And the reason, when you think about it, it's a very

11:39:50 significant honor, because just having a local building or

11:39:55 something named after you versus having a federal government

11:40:00 building named after you, reverend brown was a very

11:40:05 significant individual.

11:40:06 We all know historic neighborhoods try, who he was, what he

11:40:10 meant to East Tampa community and the community at large in

11:40:13 the entire State of Florida.

11:40:14 And that Congresswoman castor's effort to get this federal

11:40:19 post office renamed in his honor is truly a significant

11:40:22 honor.

11:40:23 So we are going to do everything we can to make sure that

11:40:25 gets supported.

11:40:26 >>FRANK REDDICK: Thank you, Mr. Chairman.

11:40:32 Let me just take it one step further.

11:40:37 I have been involved in this process since day one with

11:40:41 Congresswoman Castor.

11:40:42 And let me say that that letter that you stated from the

11:40:51 mayor does not need to go to Congresswoman Castor, it needs

11:40:55 to go to the Florida congressional delegation as well.

11:41:00 Because they are the ones that support Congresswoman

11:41:06 Castor's effort to get this bill passed in Congress.




11:41:10 In addition to that, I would suggest that -- and I would

11:41:14 request that a letter from this council be sent as well in

11:41:24 support of this effort to not only Congresswoman Castor but

11:41:29 to the Florida congressional delegation and get this named

11:41:33 in honor of reverend Abe brown.

11:41:37 So I just wanted to make that known.

11:41:43 >>THOM SNELLING: Absolutely.

11:41:43 That's a great suggestion.

11:41:45 >>CHARLIE MIRANDA: That is absolutely correct.

11:41:46 Although Castor is spearheading it, Congresswoman Castor is

11:41:50 spearheading it, it would take all the members of the

11:41:52 Florida gracious to -- delegation to approve it because it

11:41:57 happened to a local newspaper, publisher, some

11:42:00 representative in another part of the state, noticing how

11:42:05 correct I am, didn't want that to happen.

11:42:08 And it never will happen.

11:42:10 So that I remember very vividly.

11:42:12 Mr. Cohen.

11:42:15 Oh, I thought you were looking to speak.

11:42:20 Ms. Mulhern.

11:42:21 >>MARY MULHERN: Thank you.

11:42:25 This motion from over a year ago made by counseling woman

11:42:29 Miller and seconded by Councilman Miranda, to name a street

11:42:33 after him, so we may be back here.

11:42:40 If the post office doesn't get passed, I think we -- or did




11:42:46 we do that already?

11:42:50 We didn't name the street.

11:42:51 One of the things that concerns me, so we are hearing of all

11:42:56 these post offices being closed, and maybe losing the postal

11:43:01 service, so we'll just keep our eye on it.

11:43:05 >> This one and in West Tampa as well, they both were spared

11:43:10 in this round.

11:43:11 >>MARY MULHERN: They were spared?

11:43:14 Okay, good.

11:43:16 Okay.

11:43:21 Help us keep our eye on this.

11:43:24 >>THOM SNELLING: Yes, ma'am.

11:43:26 >>YVONNE CAPIN: Yes, Mr. Chairman, did I understand there's

11:43:29 a motion for resolution to send a letter and it was

11:43:32 seconded?

11:43:33 >>CHARLIE MIRANDA: I understood by Mr. Reddick and seconded

11:43:36 by Mr. Cohen, I believe.

11:43:39 On a very close vote with the rest of you.

11:43:42 All in favor of that motion please indicate by saying Aye.

11:43:45 Opposed, nay.

11:43:46 The Ayes have it unanimously.

11:43:47 Thank you very much.

11:43:50 Item number 63.

11:43:51 It's a quasi-judicial proceeding.

11:43:57 So any conversation by any member of this council should be




11:43:59 disclosed at this time.

11:44:04 I have a motion to open by Mr. Suarez, the Kuwait one,

11:44:09 seconded by Mrs. Mulhern.

11:44:11 All in favor of the motion please indicate by saying Aye.

11:44:13 Opposed, nay.

11:44:14 The ayes have it unanimously.

11:44:15 Item 63 is now open.

11:44:17 >>THE CLERK: Do you want to swear in the witnesses?

11:44:22 >>CHARLIE MIRANDA: Yes.

11:44:23 This is also a part where all the witnesses or anyone who is

11:44:26 going to speak have to be sworn in.

11:44:29 I only see one.

11:44:33 Two.

11:44:33 (Oath administered by Clerk)

11:44:37 >> Good morning, council.

11:44:44 C-11-14 is an application by Metropolitan Ministries to

11:44:48 vacate an alley that's located north of downtown.

11:44:50 I have a map for the overhead.

11:45:06 The petitioner's property is shown in red and the alley

11:45:09 shown in yellow, north runs from Tampa street to Florida

11:45:13 Avenue.

11:45:16 It's an approved alley.

11:45:17 The first shot I have is the east-west alley lag east from

11:45:20 Tampa street.

11:45:24 You see the cars.




11:45:28 The next is the east-west alley looking from Florida Avenue.

11:45:40 This is looking east from Tampa street.

11:45:44 The metropolitan facilities.

11:45:47 The east side is their parking lot looking east from Tampa

11:45:49 street as well.

11:45:53 And then the property from Florida Avenue.

11:46:00 The last is a schematic that shows there's in a continuation

11:46:03 of the alley on either side of Tampa or Florida.

11:46:10 Staff has no objection to this request.

11:46:12 And we do need easements for wastewater and Verizon and

11:46:17 solid waste.

11:46:20 >>CHARLIE MIRANDA: The public hearing is open.

11:46:27 We need a motion to close.

11:46:34 (off microphone)

11:46:36 Mr. Quiet one, Mr. Suarez.

11:46:37 All in favor of the motion please indicate by saying Aye.

11:46:40 Opposed, nay.

11:46:41 The Ayes have it.

11:46:42 Mr. Suarez, would you kindly read this ordinance?

11:46:45 >>MIKE SUAREZ: I will.

11:46:46 An ordinance -- excuse me.

11:46:51 Ordinance presented for first reading, an ordinance

11:46:54 vacating, closing, discontinuing, abandoning a certain

11:46:57 right-of-way alleyway lying east of North Tampa Street, west

11:47:00 of North Florida Avenue, south of east Park Avenue and north




11:47:04 of east Ross Avenue in Tampa Heights subdivision, a

11:47:07 subdivision in the City of Tampa, Hillsborough County,

11:47:09 Florida, the same being more fully described in section 2

11:47:12 hereof, subject to certain easements, covenants, conditions

11:47:15 and restrictions as more particularly described herein,

11:47:18 providing an effective date.

11:47:20 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, seconded

11:47:22 by Mr. Cohen on a close vote with Ms. Capin.

11:47:25 All in favor -- this is a first reading.

11:47:33 Say Aye.

11:47:34 Opposed, nay.

11:47:35 The ayes have it unanimously.

11:47:36 All right.

11:47:38 I have got to go back to unfinished business that we left on

11:47:41 the committee report of building, zoning and preservation.

11:47:52 But I need that council member back.

11:47:54 >> On the last motion for second reading and adoption will

11:47:57 be November 17, 2011 at 9:30 a.m.

11:48:01 >>CHARLIE MIRANDA: Thank you very much.

11:48:03 We are back on items 36, 43, 44, 45 and 46.

11:48:12 Am I correct?

11:48:13 >>LISA MONTELIONE: No.

11:48:18 46 was approved.

11:48:19 So it's 36, 43, 44, 45.

11:48:23 >>CHARLIE MIRANDA: All right, thank you.




11:48:23 >>LISA MONTELIONE: Most of my questions will be directed to

11:48:32 staff which is Mr. Snelling and Ms. West.

11:48:36 These items, 36 is related to simply the budgets, moving the

11:48:39 funds for the receipt of one of the grants, from one account

11:48:44 to another for expenditures.

11:48:47 So most of my questions will be on 43, 45.

11:49:01 I understand from the cover page this is a retroactive

11:49:04 request which puzzles me.

11:49:07 Have we already accepted these funds?

11:49:09 We have already received the funds?

11:49:11 We have already sent the application and we are coming back

11:49:15 after the fact seeking council's approval to do so?

11:49:19 >> City attorney's office.

11:49:24 Many of these instances where we have applied for these

11:49:26 funds, we have a deadline to meet. My recollection is in

11:49:29 this particular instance there was a deadline that weighed

11:49:32 to meet by the application and we are asking for basically

11:49:38 authorization to both file the applications and to receive

11:49:42 the funds when awarded.

11:49:44 >>LISA MONTELIONE: Well, when was that application

11:49:48 deadline?

11:49:49 Because from what I see here, the window for the

11:49:54 commencement of this performance period is October 1st

11:49:58 of 2010.

11:50:00 So if the commencement of performance was October 1st of




11:50:05 2010, when was the application submitted?

11:50:07 >> Again, I don't have the specifics on this.

11:50:12 So --

11:50:19 >>THOM SNELLING: Yes.

11:50:19 >> Sharon West.

11:50:28 HUD some H some leftover funds from the previous budget year

11:50:31 and there was a window that we put the application in and

11:50:35 there was not a council meeting.

11:50:36 >>LISA MONTELIONE: My question, when was that?

11:50:40 >> I don't have that date with me but I can get that

11:50:42 information for you.

11:50:43 >>LISA MONTELIONE: Okay.

11:50:44 Because that's a big part of my concern, is that we are not

11:50:48 approving applications to be sent, whether it's this one,

11:50:51 which is a noble cause or any other, that we are sending

11:50:56 applications and receiving funds without this item being

11:50:59 brought to council.

11:51:00 And if I am reading right from the documents that were

11:51:06 provided as backup as a commencement for the performance

11:51:09 period was October of 2010.

11:51:16 It's on page 5, section 11.

11:51:18 >>THOM SNELLING: I have to get back with that specific

11:51:20 information, Councilwoman.

11:51:21 I apologize.

11:51:21 >> If I may assuage, Jorge Martin, Tampa City legal.




11:51:34 When the award is made -- it's approved by City Council.

11:51:40 Not a cent can be spent before City Council approval.

11:51:42 So if you have a concern that the performance period began

11:51:45 and we are already starting spending those funds, that's not

11:51:48 possible.

11:51:49 We need to come back with you.

11:51:51 The performance period may have, you know, begin at some

11:51:55 point.

11:51:55 We haven't used those funds.

11:51:58 Our performance period will begin upon City Council

11:52:00 approval, and we'll use those funds forward, not backwards.

11:52:04 >> So there was two quarterly reports that we do page 9,

11:52:09 section 15, July 15, 2011.

11:52:12 There was a report due on October 15, 2011.

11:52:15 There was a report due and those roughly cover the periods

11:52:17 from October 1st, 2010 to September 30, 2011.

11:52:22 Were those quarterly reports submitted?

11:52:30 Can I ask why?

11:52:35 (multiple conversations).

11:52:37 >> She's speaking to legal.

11:52:38 >> We have not consummated the contracts.

11:52:43 There were no reports submitted.

11:52:45 And therefore both agencies know that we will not be

11:52:48 submitting reports until the contract is approved by City

11:52:51 Council.




11:52:52 >>LISA MONTELIONE: Okay.

11:52:54 The other concern, that was a big part of my concern there.

11:52:59 The other concern that I had was, how many partners do we

11:53:02 have agreements with that also offer these same services?

11:53:11 >>THOM SNELLING: I think there are six other agencies in the

11:53:13 Tampa Bay area that provide that kind of information.

11:53:15 >>LISA MONTELIONE: In the bay area or the ones that we

11:53:20 partner with?

11:53:20 Because I was on the Web site last night, and one of the

11:53:24 pages of our Web site, there are nine house foreclosure

11:53:31 prevention counseling agencies listed.

11:53:33 So are we offering these services in addition to the nine,

11:53:37 so our department of housing and development would be the

11:53:41 tenth one?

11:53:43 Sharon West: Yes.

11:53:45 The certified housing --

11:53:49 >>LISA MONTELIONE: This is from our Web site.

11:53:51 This is from our Web site.

11:53:52 >> These funds have to be a HUD certified counseling agency

11:53:58 and in the area there are six other agencies that are

11:54:00 certified.

11:54:00 >>LISA MONTELIONE: I guess my question is, will our staff

11:54:04 be performing the counseling as outlined in sections, let's

11:54:11 see, I believe level one council counseling and level two

11:54:15 counseling, which is section 12.




11:54:20 >>THOM SNELLING: Yes.

11:54:21 We are going to be providing counseling.

11:54:22 >> Staff will be?

11:54:23 >> Yes, absolutely.

11:54:26 The amount of counseling that these grants will allow

11:54:28 funding for.

11:54:33 The amount of money that the grant was awarded to us was

11:54:37 also provided.

11:54:38 >> The 11,000, and 19,000 in the other application?

11:54:42 >> Yes.

11:54:42 About $30,000.

11:54:44 A little over $30,000.

11:54:46 >>LISA MONTELIONE: And we provide 25% matching funds with

11:54:48 the first one?

11:54:52 >> Sharon West: About that.

11:54:54 >>LISA MONTELIONE: Administrative costs are not covered by

11:54:56 the grants and there is specific things that are outlined

11:55:01 and approved for expenditure of the funds.

11:55:04 And I have got to say, I am all about receiving grant money,

11:55:09 it's yeah it that we can get it, we need it and get

11:55:12 applications.

11:55:12 But my concern is that we don't have the staff to handle, as

11:55:19 we talked about previously, what we already have on our

11:55:21 hands.

11:55:22 And we have got issues that are becoming apparent as time




11:55:28 goes on that our staff is not able to respond, they are not

11:55:32 able to follow up, they are not able to perform some of the

11:55:36 tasks that we already have, and we are adding more tasks

11:55:44 that their plate.

11:55:46 >>THOM SNELLING: We have been doing this the last three

11:55:47 years.

11:55:47 >> We have?

11:55:49 >>THOM SNELLING: Yes.

11:55:49 We received money in the past, the housing council for the

11:55:52 last three years starting back in 2009.

11:55:55 >>LISA MONTELIONE: That probably explains why on our Web

11:56:00 site we have expired information, because there's affordable

11:56:02 home refinancing on the same Web site, our page, that

11:56:06 expired in June of 2010.

11:56:09 The program expired June 10 of 2010.

11:56:12 >> Making homes affordable is still --

11:56:17 >>LISA MONTELIONE: That's the second half of the

11:56:19 information on the Web site, this top part.

11:56:21 The program is gone and expired.

11:56:24 Which may be an example of things slipping through the

11:56:27 cracks that we are not keeping up with what we have already,

11:56:31 even to the point where we can't update the Web site to

11:56:33 remove programs that don't exist anymore.

11:56:37 So when we have nine partners, some of them who are also

11:56:42 certified to receive and eligible to receive funding under




11:56:46 the neighborhood works program, which is what the first

11:56:48 application is for, the 11,000, that we are almost putting

11:56:53 ourselves in competition with the partners that we have

11:56:55 agreements with.

11:57:01 >>THOM SNELLING: I'm not saying we are in competition with

11:57:03 them.

11:57:03 >>LISA MONTELIONE: Well, we are providing --

11:57:07 >>THOM SNELLING: They apply for the same grants that we do.

11:57:08 >>LISA MONTELIONE: I'm not saying we are charging for it.

11:57:11 >> They don't charge for it either.

11:57:14 >>LISA MONTELIONE: We are providing redundant services.

11:57:17 >>THOM SNELLING: Because Florida is the second state in the

11:57:19 country with parks.

11:57:20 Tampa Bay is lake third in the state.

11:57:21 >>LISA MONTELIONE: I understand that.

11:57:24 At the Collins center --

11:57:26 >>THOM SNELLING: That we can bring in front of people I

11:57:28 think the better.

11:57:31 >>LISA MONTELIONE: I have the Collins center coming on the

11:57:33 17th to talk about the foreclosure program that they

11:57:35 also have that is --

11:57:37 >>THOM SNELLING: That's good.

11:57:38 And I will say again, I think this more people we have out

11:57:40 there giving people good advice on how to avoid foreclosure

11:57:42 and stay out of foreclosures is the better.




11:57:44 >>LISA MONTELIONE: I believe if we have programs and

11:57:50 partners that we work with, that do concentrate in one area

11:57:56 and provide services in one area, that they can perform

11:58:00 possibly a better service than having our already-stressed

11:58:06 employees who are overworked, overloaded and have trouble

11:58:10 keeping up with the functions that they already have, and

11:58:13 adding another layer of responsibility.

11:58:17 There are a lot of responsibilities in these applications.

11:58:21 And these are function that are performed by partners that

11:58:24 we partner with on a regular basis.

11:58:27 So for a reliable, responsive service, it may be better for

11:58:36 us to stay out of certain types of functions and let our

11:58:40 partners perform them, because they can do it more

11:58:43 efficiently.

11:58:44 >>THOM SNELLING: I respect your opinion, Councilwoman.

11:58:58 >>CHARLIE MIRANDA: (off microphone).

11:58:59 >> Move to approve.

11:59:05 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, seconded

11:59:07 by -- I guess it dies for lack of a second?

11:59:11 >> So what do we do with the money?

11:59:17 >> Send it back.

11:59:21 >>CHARLIE MIRANDA: I am going to go one more time.

11:59:23 36, 43, 44 and 45 are dead.

11:59:30 Motion for second dies.

11:59:31 Therefore the motion dies.




11:59:34 All right.

11:59:41 We go now to information reports and new business by council

11:59:47 members.

11:59:47 We go right to left.

11:59:49 Mr. Suarez.

11:59:49 >>MIKE SUAREZ: The only new business I have has to do with

11:59:55 you, Mr. Chair.

11:59:56 I don't know which ax to pick

12:00:05 I'm going to select the latter and welcome you back, Mr.

12:00:08 Chair.

12:00:09 Thank you for coming back.

12:00:11 >>CHARLIE MIRANDA: Thank you.

12:00:11 I appreciate it very much.

12:00:12 Ms. Capin.

12:00:14 >>YVONNE CAPIN: Thank you, Mr. Chair.

12:00:15 Welcome back.

12:00:18 Part of the new business, we have two items.

12:00:21 And the first item is to remained everyone that flavor of

12:00:30 West Tampa comes back November 3rd, Saturday -- I'm

12:00:37 sorry, November 12th from 11 a.m. to 3 p.m. at West Tampa

12:00:40 convention center, and how you recommend -- admission is

12:00:45 free, and food from West Tampa restaurants, DJ

12:00:50 entertainment, raffle, celebrity judges.

12:00:55 Hmmm.

12:00:57 Christian health clinic.




12:00:59 That's the flavor of West Tampa.

12:01:04 >>CHARLIE MIRANDA: That's very interesting.

12:01:05 >> Free food?

12:01:07 Did I hear that?

12:01:10 [ Laughter ]

12:01:10 >> You put more into it than what you hear.

12:01:14 >>YVONNE CAPIN: Second, I would like to make a motion that

12:01:17 in order to cover the broad spectrum of the cultural assets

12:01:21 of economic engine encompasses, and because so many

12:01:25 qualified citizens are eager and willing to contribute their

12:01:28 time and talents to help guide Tampa to a better future, it

12:01:33 appears that the city will be better served if we increase,

12:01:38 and present for council's approval four additional members

12:01:43 to the committee making that a total of 15.

12:01:44 >> Second.

12:01:48 >>CHARLIE MIRANDA: Motion by Ms. Capin, second by Ms.

12:01:50 Mulhern.

12:01:51 Further discussion by council members?

12:01:52 All in favor of the motion please indicate by saying Aye.

12:01:54 Opposed, nay.

12:01:55 Motion passes unanimously.

12:01:58 Anything else?

12:01:59 Mr. Reddick.

12:02:00 >>FRANK REDDICK: One item, Mr. Chair, to request

12:02:02 commendation for East Tampa community revitalization




12:02:06 partnership, fourth annual holiday tree lighting

12:02:10 celebration, 2011.

12:02:12 >> Second.

12:02:13 >> I have a motion by Mr. Reddick, seconded by Mr. Cohen on

12:02:17 a close vote with Mr. Suarez.

12:02:19 All in favor of the motion?

12:02:20 Opposed?

12:02:20 The Ayes have it unanimously.

12:02:22 Anything else, sir?

12:02:24 Ms. Mulhern.

12:02:24 >>MARY MULHERN: Thank you, Mr. Chairman.

12:02:28 I have a couple of commendations.

12:02:30 One, I would like to add that we prepare commendation for

12:02:34 the Parks and Recreation Department in recognition of their

12:02:38 becoming the 100th agency in the country to eastern

12:02:41 national accreditation from the commission for accreditation

12:02:45 of parks and recreation, to be presented on November

12:02:49 17th.

12:02:50 >> Second.

12:02:51 >>CHARLIE MIRANDA: Second bid Mr. Suarez.

12:02:52 Further discussion of the motion?

12:02:54 All in favor of the motion please indicate by saying Aye.

12:02:56 Opposed, nay.

12:02:57 The ayes have it unanimously.

12:02:58 >>MARY MULHERN: Secondly, I would like to ask that council




12:03:03 prepare a very special commendation for David affidavit

12:03:10 straws, Jr., in recognition for his many contributions to

12:03:13 the City of Tampa, our region, state, country, and the

12:03:18 international community, probably our community's most

12:03:26 prominent and generous philanthropist.

12:03:29 >> Second.

12:03:31 >>MARY MULHERN: And I will come back with a date at our

12:03:33 next regular meeting.

12:03:35 >>CHARLIE MIRANDA: Seconded by Ms. Capin.

12:03:38 All in favor?

12:03:39 Opposed?

12:03:39 The Ayes have it unanimously.

12:03:42 Mr. Cohen.

12:03:42 >>HARRY COHEN: Mr. Chairman, welcome back.

12:03:49 No new business.

12:03:52 >>CHARLIE MIRANDA: Mrs. Montelione?

12:03:53 >>LISA MONTELIONE: Thank you, Mr. Chair.

12:03:56 I can't be remiss in not offering my welcome back sentiments

12:04:01 as well.

12:04:03 >>CHARLIE MIRANDA: Thank you very much.

12:04:04 I'm sorry I am doing two conversations at once.

12:04:07 It died and I thought I was going to die.

12:04:10 [ Laughter ]

12:04:10 We are all here.

12:04:12 >>LISA MONTELIONE: We are glad that we are all here




12:04:15 together.

12:04:16 Finally, reunited.

12:04:20 As the song goes.

12:04:23 I would like to have a timely discussion, since we discussed

12:04:28 sidewalks this morning, that we bring Angelo Rao with his

12:04:36 complete streets report, the presentation he gave to the

12:04:39 MPO, and that we do that on December 1st for a

12:04:43 ten-minute presentation at 9:00 a.m.

12:04:45 >> Second.

12:04:47 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

12:04:49 second by Ms. Capin on a close vote with Mr. Suarez.

12:04:51 All in favor of the motion indicate by saying Aye.

12:04:53 Opposed, nay.

12:04:55 Motion passes unanimously.

12:04:57 Anything else?

12:04:59 >> Motion to receive and file.

12:05:00 >>CHARLIE MIRANDA: One second.

12:05:01 I am going pass the gavel to Mrs. Mulhern and make a motion

12:05:04 that we send a commendation to the manager of the St. Louis

12:05:07 Cardinals Tony LaRussa who is a Tampa native, certainly

12:05:11 going to go into the Hall of Fame, and he's done an

12:05:15 outstanding job in just doing his job and making Tampa,

12:05:18 putting Tampa on the map for the many good deeds he's done

12:05:22 in 30-some years of baseball.

12:05:23 And let's move that one first.




12:05:29 >>MARY MULHERN: All in favor?

12:05:33 >>CHARLIE MIRANDA: I am going to invite the 54 baseball team

12:05:36 in which he played on the 12th of November to duplicate a

12:05:44 game that they played some 57 years ago.

12:05:48 So if you see him on crutches, it's know it that he's hurt,

12:05:52 just old.

12:05:53 >>MARY MULHERN: All in favor?

12:05:58 >>JIM SHIMBERG: City attorney.

12:05:58 I wanted to take the opportunity to one second introduce a

12:06:01 new assistant city attorney that we have, Kate Taylor, a

12:06:03 University of Florida law school grad who has been working

12:06:06 with us.

12:06:07 Mr. Martin.

12:06:08 We are getting ready and want to introduce her to you.

12:06:12 I also have another city attorney and we'll get her down

12:06:15 here soon as well.

12:06:19 >>CHARLIE MIRANDA: We go now to general public comment

12:06:23 Cap.

12:06:24 >>THE CLERK: We had a request from Mr. Hunter, the Planning

12:06:27 Commission, Executive Director, he wanted to appear at a

12:06:30 regular meeting on December 8th to make a presentation

12:06:34 to council regarding the commission's role with the city

12:06:38 administration, addressing the new growth management.

12:06:42 However, December 8th is not a regular council session.

12:06:45 I have talked to Tony Garcia, and December 15th would be




12:06:49 acceptable, but they want to know what time.

12:06:52 >>LISA MONTELIONE: I move that we schedule Robert Hunter,

12:07:00 the Planning Commission, on December 15th for a report

12:07:03 not to exceed ten minutes -- 15, I'm sorry, 15 minutes, at

12:07:09 9:00 a.m.

12:07:10 >>CHARLIE MIRANDA: Thank you very much.

12:07:11 I have a motion.

12:07:14 Seconded by Mr. Cohen on a close vote with Ms. Capin.

12:07:18 All in favor of the motion please indicate by saying Aye.

12:07:20 Opposed, nay.

12:07:21 The ayes have it unanimously.

12:07:22 >>THE CLERK: And place that under public comments portion.

12:07:28 >>CHARLIE MIRANDA: We go now to general public comment:

12:07:36 >>MARTIN SHELBY: With regards to item of 36, 43, 44, 45 --

12:07:48 >> They are dead.

12:07:49 They didn't get a second.

12:07:50 They died.

12:07:50 >> I understand that, Mr. Chairman.

12:07:53 According to the charter, action is required to be taken by

12:07:56 a vote of four.

12:07:59 This in effect is a request by administration.

12:08:02 Council has not taken action on it under the charter.

12:08:04 So if council were to deny it, it would be my recommendation

12:08:07 to make a vote to deny.

12:08:10 Otherwise, one could assume or the administration could put




12:08:14 it back --

12:08:17 >>LISA MONTELIONE: In light of that, I will make the motion

12:08:20 to deny item 36, 43, 44 and 45.

12:08:26 >>MARY MULHERN: Second.

12:08:28 >>LISA MONTELIONE: I don't know if I need to put on a

12:08:30 basis.

12:08:31 >>CHARLIE MIRANDA: Let me say this.

12:08:32 If something is not passed, even if it's denied, the

12:08:36 administration has the right to bring it back.

12:08:39 maybe in a different format, maybe in a different

12:08:42 conversation.

12:08:43 But even in the next meeting to have the right to come back

12:08:46 and ask for a reconsideration of a vote.

12:08:48 Am I clear on that?

12:08:50 >> Yes, sir.

12:08:52 >>CHARLIE MIRANDA: So when we vote, or it dies because of

12:08:58 lack of a second, how many times do you have to deny

12:09:00 something?

12:09:00 I have been told in 15 languages.

12:09:06 Only have to tell me in one.

12:09:07 And I.

12:09:08 That I have a motion for denial by Mrs. Montelione.

12:09:11 Seconded by -- I'm sorry, Mrs. Mulhern.

12:09:14 All in favor of that indicate by saying Aye.

12:09:16 Opposed, nay.




12:09:20 Voice vote.

12:09:24 I'm sorry to put you through all of this but I want the

12:09:26 record to be clear.

12:09:27 >>MIKE SUAREZ: Nay.

12:09:29 >>YVONNE CAPIN: Nay.

12:09:31 >>FRANK REDDICK: Nay.

12:09:34 >>MARY MULHERN: Yes.

12:09:39 >>HARRY COHEN: Nay.

12:09:41 >>LISA MONTELIONE: No.

12:09:45 >>CHARLIE MIRANDA: So it's not dead, 4 to 3.

12:09:48 >> That was with Mulhern.

12:09:52 >> That means they can put it back on the agenda for the

12:09:57 next upcoming meeting.

12:10:02 Then let's see how the vote goes.

12:10:04 >> I don't believe we made a motion to receive and fail.

12:10:07 >>CHARLIE MIRANDA: We haven't done that yet and we will.

12:10:11 General comments from the pun first and then do all the

12:10:13 receive and files.

12:10:15 Yes, sir.

12:10:15 >> (Public comment off camera)

12:10:28 >> Need a motion to receive and file all the documents.

12:11:36 >> Motion to receive and file.

12:11:37 >> Motion by Mr. Suarez, seconded by Mr. Cohen on a close

12:11:41 vote with Mr. Reddick and Mrs. Montelione.

12:11:43 All in favor of the motion indicate by saying Aye.




12:11:46 Opposed, nay.

12:11:46 The ayes have it unanimously.

12:11:47 Anything else to come before this council?

12:11:49 We stand adjourned.

12:11:53 (Meeting adjourned at 12:12 p.m.)



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